§ CONSTRUCTION OF REFERENCES TO RE-
MARRIAGE IN MATRIMONIAL CAUSES
ACT 1965, s. 26
§ Section 26 of the Matrimonial Causes Act 1965 (which authorises the making of orders for maintenance out of a deceased's estate for a former spouse who has not remarried and provides that maintenance by way of periodical payments out of the estate shall terminate not later than his or her death or remarriage) shall have effect, and be deemed always to have had effect, as if after subsection (5) there were inserted the following subsection:—
§ ' (5A) For the avoidance of doubt it is hereby declared that references in this section to remarriage include references to a marriage which is by law void or voidable '. —[The Solicitor-General.]
§ Brought up, and read the First time.
§ The Solicitor-GeneralI beg to move, That the Clause be read a Second time.
This Clause removes a doubt about the circumstances in which remarriage may debar a former spouse from applying for maintenance out of the estate of the other former spouse after the latter's death. The right to apply for such maintenance is conferred by Section 26 of the Matrimonial Causes Act, 1965. It 1988 extends only to the person who has " not remarried ", which is the phrase in the statute, after the divorce. If an application succeeds, the court may make an order for periodical payments out of the estate of the deceased former spouse. Section 26(3) requires the order to provide for periodical payments to cease if the survivor remarries. The doubt has arisen as to what is meant by " remarriage ", and the new Clause is designed to clarify and be rid of that doubt.
§ Question put and agreed to.
§ Clause read a Second time and added to the Bill.