CAP. 192]
Matrimonial Proceedings and Property
[1972 Ed.
Provisions as to powers of court to make orders in favour of children and duration of such orders. 1970 c. 45, s. 8.
Variation, discharge, etc. of orders for financial provision.
1970 c. 45, s. 9.
10. (1) Subject to subsection (3)-
(a) no order under section 5, 6(a) or 8 shall be made in favour of a child who has attained the age of twenty-one; and (b) the term for which by virtue of an order under section 5 or 8 any payments are to be made or secured to or for the benefit of a child may begin with the date of the making of an application for the order in question or any later date but shall not extend beyond the date when the child will attain the age of twenty-one.
(2) The term for which by virtue of an order under section 5 or 8 any payments are to be made or secured to or for the benefit of a child shall not in the first instance extend beyond the date when the child attains the age of sixteen unless the court which makes the order thinks it right in the circumstances of the case to specify a later date therein.
(3) The court may make such an order as is mentioned in subsection (1)(a) in favour of a child who has attained the age of twenty-one and may include in an order made under section 5 or 8 in relation to a child who has not attained that age a provision extending beyond the date when the child will attain that age the term for which by virtue of the order any payments are to be made or secured to or for the benefit of that child, if it appears to the court that-
(a) that child is, or will be, or if such an order or provision were made would be, receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not he is also, or will also be, in gainful employment; or
(b) there are special circumstances which justify the making of the order or provision.
(4) Any order made by virtue of section 5(2)(a) or section 8(6)(d) shall, notwithstanding anything in the order, cease to have effect on the death of the person liable to make payments under the order, except in relation to any arrears due under the order on the date of such death.
11. (1) Where the court has made an order to which this section applies, then, subject to the provisions of this section, the court shall have power to vary or discharge the order or to suspend any provision thereof temporarily and to revive the operation of any provision so suspended.
(2) This section applies to the following orders, that is to say-
(a) any order under section 3;
(b) any order made by virtue of section 4(1)(a) or (b) or 4(2)(b);
(c) any order made by virtue of section 5(2)(a) or (b) or 5(4);