Women’s Charter 1961 · s 91R

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—(1) This section applies to maintenance arrears under any maintenance order.(2) Subject to subsection (4), unsecured maintenance arrears, whether payable by agreement or under an order of court —(a)are recoverable as a debt from the defaulter;(b)where they accrued due before the making of a bankruptcy order against the defaulter — are provable in the defaulter’s bankruptcy; and(c)where they accrued due before the defaulter’s death — are a debt due from the defaulter’s estate.(3) Subject to subsection (4), unsecured maintenance arrears which accrued due before the death of the person entitled to the maintenance are recoverable as a debt in civil proceedings mentioned in subsection (6)(b) by the legal personal representatives of that person.(4) Maintenance arrears are not recoverable in any proceedings (whether commenced before, on or after the date of commencement of section 24 of the Family Justice Reform Act 2023) from the defaulter if the amount accrued due more than 3 years before the commencement of the proceedings, unless —(a)other proceedings to recover the amount from the defaulter had previously been commenced within 3 years (or any longer period that the court in those proceedings may have allowed) after the amount accrued due; or(b)the court, under special circumstances, otherwise allows.(5) Subsection (4) does not apply to any amount owing as maintenance under a maintenance order (as defined in section 2 of the Maintenance Orders (Reciprocal Enforcement) Act 1975 and which is registered or confirmed by the court under that Act) in respect of which civil proceedings mentioned in subsection (6)(b) have been commenced before the date of commencement of section 24 of the Family Justice Reform Act 2023.(6) In subsection (4), a reference to proceedings to recover any amount owing as maintenance is a reference to —(a)proceedings under this Act to enforce the payment of the amount; or(b)any other civil proceedings to recover the amount.
This section applies to maintenance arrears under any maintenance order.
Subject to subsection (4), unsecured maintenance arrears, whether payable by agreement or under an order of court —(a)are recoverable as a debt from the defaulter;(b)where they accrued due before the making of a bankruptcy order against the defaulter — are provable in the defaulter’s bankruptcy; and(c)where they accrued due before the defaulter’s death — are a debt due from the defaulter’s estate.
Subject to subsection (4), unsecured maintenance arrears which accrued due before the death of the person entitled to the maintenance are recoverable as a debt in civil proceedings mentioned in subsection (6)(b) by the legal personal representatives of that person.
Maintenance arrears are not recoverable in any proceedings (whether commenced before, on or after the date of commencement of section 24 of the Family Justice Reform Act 2023) from the defaulter if the amount accrued due more than 3 years before the commencement of the proceedings, unless —(a)other proceedings to recover the amount from the defaulter had previously been commenced within 3 years (or any longer period that the court in those proceedings may have allowed) after the amount accrued due; or(b)the court, under special circumstances, otherwise allows.
Subsection (4) does not apply to any amount owing as maintenance under a maintenance order (as defined in section 2 of the Maintenance Orders (Reciprocal Enforcement) Act 1975 and which is registered or confirmed by the court under that Act) in respect of which civil proceedings mentioned in subsection (6)(b) have been commenced before the date of commencement of section 24 of the Family Justice Reform Act 2023.
In subsection (4), a reference to proceedings to recover any amount owing as maintenance is a reference to —(a)proceedings under this Act to enforce the payment of the amount; or(b)any other civil proceedings to recover the amount.

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s 91RRecovery of maintenance arrears

(1)

This section applies to maintenance arrears under any maintenance order.

(2)

Subject to subsection (4), unsecured maintenance arrears, whether payable by agreement or under an order of court —

(a)

are recoverable as a debt from the defaulter;

(b)

where they accrued due before the making of a bankruptcy order against the defaulter — are provable in the defaulter’s bankruptcy; and

(c)

where they accrued due before the defaulter’s death — are a debt due from the defaulter’s estate.

(3)

Subject to subsection (4), unsecured maintenance arrears which accrued due before the death of the person entitled to the maintenance are recoverable as a debt in civil proceedings mentioned in subsection (6)(b) by the legal personal representatives of that person.

(4)

Maintenance arrears are not recoverable in any proceedings (whether commenced before, on or after the date of commencement of section 24 of the Family Justice Reform Act 2023) from the defaulter if the amount accrued due more than 3 years before the commencement of the proceedings, unless —

(a)

other proceedings to recover the amount from the defaulter had previously been commenced within 3 years (or any longer period that the court in those proceedings may have allowed) after the amount accrued due; or

(b)

the court, under special circumstances, otherwise allows.

(5)

Subsection (4) does not apply to any amount owing as maintenance under a maintenance order (as defined in section 2 of the Maintenance Orders (Reciprocal Enforcement) Act 1975 and which is registered or confirmed by the court under that Act) in respect of which civil proceedings mentioned in subsection (6)(b) have been commenced before the date of commencement of section 24 of the Family Justice Reform Act 2023.

(6)

In subsection (4), a reference to proceedings to recover any amount owing as maintenance is a reference to —

(a)

proceedings under this Act to enforce the payment of the amount; or

(b)

any other civil proceedings to recover the amount.