Section 35 | Orders For Repayment In Certain Cases Of Sums Paid After Cessation Of Order By Reason Of Remarriage [Or Formation Of Civil Partnership] | Domestic Proceedings And Magistrates Courts Act 1978 C22

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

Domestic Proceedings and Magistrates' Courts Act 1978 (1978 c 22) | Legislation

35 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) an order made under section 2(1)(a), 6 or 7 of this Act has, by virtue of section 4(2) of this Act, ceased to have effect by reason of the remarriage of[, or formation of a civil partnership by,] the party in whose favour it was made, and

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

no proceedings in respect of a cause of action arising out of the circumstances mentioned in paragraphs (a) and (b) above shall be maintainable by the person so liable or his personal representatives against the person so entitled or his personal representatives, but on an application made under