38 Orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage [or formation of civil partnership]
Matrimonial Causes Act 1973 (1973 c 18) | Legislation

38  Orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage [or formation of civil partnership]

(1)     Where—

(a)     a periodical payments or secured periodical payments order in favour of a party to a marriage (hereafter in this section referred to as “a payments order”) has ceased to have effect by reason of the remarriage of[, or formation of a civil partnership by,] that party, and

(b)     the person liable to make payments under the order or his or her personal representatives made payments in accordance with it in respect of a period after the date of the remarriage [or formation of the civil partnership] in the mistaken belief that the order was still subsisting,

the person so liable or his or her personal representatives shall not be entitled to bring proceedings in respect of a cause of action arising out of the circumstances mentioned

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