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29.(1) Either party to a marriage may apply to the court for an order under
this Article on the ground that the other party to the marriage ("the
respondent")
(a)has failed to provide reasonable maintenance for the applicant, or
(b)has failed to provide, or to make a proper contribution towards, reasonable
maintenance for any child of the family.
(2) Where an application under this Article is made on the ground mentioned in
paragraph (1)(a) then, in deciding
(a)whether the respondent has failed to provide reasonable maintenance for the
applicant, and
(b)what order, if any, to make under this Article in favour of the applicant,
(3) Where an application under this Article is made on the ground mentioned in
paragraph (1)(b) then, in deciding
(a)whether the respondent has failed to provide, or to make a proper
contribution towards, reasonable maintenance for the child of the family to
whom the application relates, and
(b)what orders, if any, to make under this Article in favour of the child,
(4) In relation to an application under this Article on the ground mentioned
in paragraph (1)(a), Article 27(1)(c) shall have effect as if for the
reference therein to the breakdown of the marriage there were substituted a
reference to the failure to provide reasonable maintenance for the applicant,
and, in relation to an application under this Article on the ground mentioned
in paragraph (1)(b), Article 27(2)(d) shall have effect as if for the
reference therein to the breakdown of the marriage there were substituted a
reference to the failure to provide, or to make a proper contribution towards,
reasonable maintenance for the child of the family to whom the application
relates.
(5) Where on an application under this Article it appears to the court that
the applicant or any child of the family to whom the application relates is in
immediate need of financial assistance, but it is not yet possible to
determine what order, if any, should be made on the application, the court may
make an interim order for maintenance, that is to say, an order requiring the
respondent to make to the applicant until the determination of the application
such periodical payments as the court thinks reasonable.
(6) Where on an application under this Article the applicant satisfies the
court of any ground mentioned in paragraph (1), the court may make any one or
more of the following orders, that is to say
(a)an order that the respondent shall make to the applicant such periodical
payments, for such term, as may be specified in the order;
(b)an order that the respondent shall secure to the applicant, to the
satisfaction of the court, such periodical payments, for such term, as may be
so specified;
(c)an order that the respondent shall pay to the applicant such lump sum as
may be so specified;
(d)an order that the respondent shall make to such person as may be specified
in the order for the benefit of the child to whom the application relates, or
to that child, such periodical payments, for such term, as may be so
specified;
(e)an order that the respondent shall secure to such person as may be so
specified for the benefit of that child, or to that child, to the satisfaction
of the court, such periodical payments, for such term, as may be so specified;
(f)an order that the respondent shall pay to such person as may be so
specified for the benefit of that child, or to that child, such lump sum as
may be so specified;
(7) An application for the variation under Article 33 of a periodical payments
order or secured periodical payments order made under this Article in favour
of a child may, if the child has attained the age of 16, be made by the child
himself.
(8) Where a periodical payments order made under this Article in favour of a
child ceases to have effect on the date on which the child attains the age of
16, or at any time after that date but before or on the date on which he
attains the age of 18, then, if at any time before he attains the age of 21 an
application is made by the child for an order under this paragraph, the court
shall have power by order to revive the first-mentioned order from such date
as the court may specify, not being earlier than the date of the making of the
application, and to exercise its powers under Article 33 in relation to any
order so revived.
(9) Without prejudice to the generality of paragraph (6)(c) or (f), an order
under this Article for the payment of a lump sum
(a)may be made for the purpose of enabling any liabilities or expenses
reasonably incurred in maintaining the applicant or any child of the family to
whom the application relates before the making of the application to be met;
(b)may provide for the payment of that sum by instalments of such amount as
may be specified in the order and may require the payment of the instalments
to be secured to the satisfaction of the court.
© 1978 Crown Copyright
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