Section 40 — Matrimonial Causes Act 1973: Payments, etc., under order made in favour of person suffering from mental disorder.

Payments, etc., under order made in favour of person suffering from mental disorder. 40 1 Where the court makes an order under this Part of this Act requiring payments (including a lump sum payment) to be made, or property to be transferred, to a party to a marriage and the court is satisfied that the person in whose favour the order is made (“P”) lacks capacity (within the meaning of the Mental Capacity Act 2005) in relation to the provisions of the order then, subject to any order, direction or authority made or given in relation to P under that Act , the court may order the payments to be made, or as the case may be, the property to be transferred, to such person (“D”) as it may direct .

2 In carrying out any functions of his in relation to an order made under subsection (1), D must act in P's best interests (within the meaning of that Act).