HL Deb 28 May 1970 vol 310 c1195

[No. 27.] After Clause 27, insert the following new clause:

Construction of references to remarriage in 1965 c. 72, c. 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 avoidable.'"

THE LORD CHANCELLOR

My Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 27. May I also speak to Amendment No. 32A? This is a clause which removes a doubt about the circumstances in which remarriage may debar a former spouse from applying for maintenance. Amendment No. 32A is consequential partly on Amendment No. 24, with which we have already dealt, and partly on this Amendment.

Moved, That this House doth agree with the Commons in the said Amendment.—(The Lord Chancellor.)

On Question, Motion agreed to.