Matrimonial and Family Proceedings Act 1984

[F1 31F Proceedings and decisions E+W

(1) The family court may adjourn a hearing, and may do so at any time including a time before the hearing has begun.

(2) Any order made by the family court—

(a) may be absolute or conditional;

(b) may be final or interim;

(c) may, subject to rules of court, be made without taking evidence.

(3) Every judgment and order of the family court is, except as provided by this or any other Act or by rules of court, final and conclusive between the parties.

(4) Where the family court has power to require the doing of anything other than the payment of money, or to prohibit the doing of anything, an order of the court made in exercising the power may contain provision—

(a) as to the manner in which anything is to be done,

(b) as to the time within which anything is to be done,

(c) as to the time during which anything is not to be done, and

(d) generally for giving effect to the order.

(5) Where the family court has power to require the payment of money, an order of the court made in exercising the power may allow time for payment or order payment by instalments; and where the court has ordered payment by instalments and default is made in the payment of any one instalment, proceedings may be taken as if the default had been made in the payment of all the instalments then unpaid.

(6) The family court has power to vary, suspend, rescind or revive any order made by it, including—

(a) power to rescind an order and re-list the application on which it was made,

(b) power to replace an order which for any reason appears to be invalid by another which the court has power to make, and

(c) power to vary an order with effect from when it was originally made.

(7) Subject to rules of court, the family court may proceed in the absence of one, some or all of the parties.

(8) The family court has the same power to enforce an undertaking given by a solicitor in relation to any proceedings in that court as the High Court has to enforce an undertaking given by a solicitor in relation to any proceedings in the High Court.

(9) In any case not expressly provided for by or in pursuance of this or any other Act, the general principles of practice in the High Court may be adopted and applied to proceedings in the family court.]

Textual Amendments

F1 Ss. 31B-31P inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 1; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)