Law Reform (Marriage and Divorce) Act 1976 · Updated to 15 Dec 2018 · Part VII · Matters Incidental to Matrimonial Proceedings
86. Recovery of arrears of maintenance
Feedback & supportSubject to subsection (3), arrears of unsecured maintenance, whether payable by agreement or under an order of court, shall be recoverable as a debt from the defaulter and, where they accrued due before the making of a receiving order against the defaulter, shall be
court
“court” means the High Court or a Judge thereof or, where a Sessions Court Judge has jurisdiction by virtue of subsection (2), the Sessions Court or a Sessions Court Judge of that Court;
Law Reform (Marriage and Divorce)
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provable in his or her bankruptcy and, where they accrued due before his or her death, shall be a debt due from his or her estate.
Subject to subsection (3), arrears of unsecured maintenance which accrued due before the death of the person entitled thereto shall be recoverable as a debt by the legal personal representatives of such person.
No amount owing as maintenance shall be recoverable in any suit if it accrued due more than three years before the institution of the suit.