Section 182 — Family Proceedings Act 1980: Court may make orders as to settled property, etc

182 Court may make orders as to settled property, etc (1) On, or within a reasonable time after, the making of an order under Part 4 of this Act or a final decree under Part 2 or Part 4 of the Matrimonial Proceedings Act 1963, a Family Court may inquire into the existence of any agreement between the parties to the marriage or civil union for the payment of maintenance or relating to the property of the parties or either of them, or any ante-nuptial or post-nuptial settlement made on the parties, and may make such orders with reference to the application of the whole or any part of any property settled or the variation of the terms of any such agreement or settlement, either for the benefit of the children of the marriage or civil union or of the parties to the marriage or civil union or either of them, as the Court thinks fit. (2) Where an order under Part 4 of this Act, or a final decree under Part 2 or Part 4 of the Matrimonial Proceedings Act 1963, has been made and the parties have entered into an agreement for the payment of maintenance, a Family Court may at any time, on the application of either party or of the personal representative of the party liable for the payments under the agreement, cancel or vary the agreement or remit any arrears due under the agreement. (3) In the exercise of its discretion under this section, the Court may take into account the circumstances of the parties and any change in those circumstances since the date of the agreement or settlement and any other matters which the Court considers relevant. (4) The Court may exercise the powers conferred by this section, notwithstanding that there are no children of the marriage or civil union. (5) An order made under this section may from time to time be reviewed by the Court on the application of either party to the marriage or civil union or of either party's personal representative. (6) Notwithstanding subsections (1) to (5) of this section, the Court shall not exercise its powers under this section so as to defeat or vary any agreement, entered into under Part 6 of the Property (Relationships) Act 1976 , between the parties to the marriage or civil union unless it is of the opinion that the interests of any child of the marriage or civil union so require. Compare: 1963 No 71 s 79; 1968 No 60 s 11; 1976 No 166 s 56 Section 182 was amended, as from 26 April 2005, by section 44(1) Civil Union Act 2004 (2004 No 102) by inserting the words “ or civil union ” after the word “ marriage ” wherever it appears. Subsection (1) was amended, as from 23 November 1982, by section 2(1) Family Proceedings Amendment Act 1982 (1982 No 70) by substituting the words “ On, or within a reasonable a Family Court may ” for the words “ The Court may, on making and order under Part 4 of this Act, ” . Subsection (2) was amended, as from 23 November 1982, by section 2(2) Family Proceedings Amendment Act 1982 (1982 No 70) by substituting the words “ Where an order under Part 4 of this Act, or a final decree under Part 2 or Part 4 of the Matrimonial Proceedings Act 1963, has been made and the parties have entered into an agreement for the payment of maintenance, a Family Court. ” for the words “ Where the Court has made an order under Part 4 of this Act and the parties have entered into an agreement for the payment of maintenance, the Court ” . Subsection (6) was amended, as from 1 February 2002, by section 16 Family Proceedings Amendment Act 2001 (2001 No 7) by substituting the words “ Part 6 of the Property (Relationships) Act 1976 ” for the words “ section 21 of the Matrimonial Property Act 1976 ” .