Clause 8

Where a judgment or an order is made, by a Family Court in any family proceedings, under which any sum of money is payable (whether by way of satisfaction of the claim or counterclaim in the proceedings or by way of costs or otherwise), the Family Court may, as it thinks fit, order the money to be paid either —

in a lump sum, whether immediately or within a period fixed by the Family Court; or

by instalments payable at the times fixed by the Family Court.(2) If at any time it appears to the satisfaction of a Family Court that any party to any family proceedings is unable from any cause to pay any sum recovered against the party (whether by way of satisfaction of the claim or counterclaim in the proceedings or by way of costs or otherwise) or any instalment of the sum, the Family Court may, in its discretion, suspend or stay any judgment or order given or made in the proceedings —

for any time and on any terms that the Family Court thinks fit; and

from time to time until it appears that the cause of inability has ceased.(3) Where an order for payment by instalments is made, no enforcement (except under any maintenance enforcement proceedings) may issue except with the permission of the Family Court.(4) This section does not apply to —

any sum payable (whether by way of satisfaction of the claim or counterclaim in the proceedings or by way of costs or otherwise) under any judgment or order made by a Family Court before the date of commencement of section 8 of the Family Justice Reform Act 2023;

any monthly or periodical sum ordered to be paid under a maintenance order; or

any maintenance ordered to be paid in maintenance enforcement proceedings.(5) In subsection (4) —“maintenance enforcement proceedings” means the proceedings in court arising from any application under the Women’s Charter 1961 to enforce any payment or payments required to be made under a maintenance order, including any appeal against any decision made by the court on the application;“maintenance order” means —

an order for maintenance made by the Syariah Court under the Administration of Muslim Law Act 1966;

an order for the payment of money in respect of the maintenance of an infant made under the Guardianship of Infants Act 1934;

an order for maintenance made under the Maintenance of Parents Act 1995;

a maintenance order, as defined in section 2 of the Maintenance Orders (Reciprocal Enforcement) Act 1975, which is registered or confirmed by the court under that Act;

an order for the payment of monthly sums or a lump sum for the maintenance of a wife, an incapacitated husband or a child, made or deemed to be made by a court under Part 8 of the Women’s Charter 1961; or

an order for the payment of monthly or periodical sums or a lump sum by way of maintenance or alimony to a wife or former wife or an incapacitated husband or incapacitated former husband, or by way of maintenance for the benefit of any child, under Part 10 of the Women’s Charter 1961.”.