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MATRIMONIAL CAUSES (NORTHERN IRELAND) ORDER 1978 - SECT 35

35.(1) Where on an application made under this Article in relation to an order
to which this Article applies it appears to the court that by reason of

(a)a change in the circumstances of the person entitled to, or liable to make,
payments under the order since the order was made, or

(b)the changed circumstances resulting from the death of the person so liable,

(2) This Article applies to the following orders, that is to say

(a)any order for maintenance pending suit and any interim order for
maintenance;

(b)any periodical payments order; and

(c)any secured periodical payments order.

(3) An application under this Article may be made by the person liable to make
payments under an order to which this Article applies or his or her personal
representatives and may be made against the person entitled to payments under
the order or her or his personal representatives.

(4) An application under this Article may be made in proceedings in the High
Court for

(a)the variation or discharge of the order to which this Article applies, or

(b)leave to enforce, or the enforcement of, the payment of arrears under that
order;

(5) The jurisdiction conferred on a county court by this Article shall be
exercisable notwithstanding that by reason of the amount claimed in the
application the jurisdiction would not but for this paragraph be exercisable
by a county court.

(6) An order under this Article for the payment of any sum may provide for the
payment of that sum by instalments of such amount as may be specified in the
order.

© 1978 Crown Copyright

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