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Under section 28 of the Matrimonial Causes Act 1973 (MCA 1973), a periodical payments order automatically ceases to have effect on remarriage of the recipient. If, for whatever reason, this does not happen, it is possible to make an application for repayment. See Practice Note: Impact of remarriage, subsequent civil partnership, or cohabitation.
MCA 1973, s 38 provides that where:
a periodical payments or secured periodical payments order in favour of a party to a marriage has ceased to have effect by reason of the remarriage of, or formation of a civil partnership by, that party, and
the person liable to make payments under the order or their personal representatives made payments in accordance with the order in respect of a period after the date of the remarriage or formation of the civil partnership in the mistaken belief that the order was still subsisting
on an application by the payer the court may order the payee to pay a sum equal to the amount of the payments made in respect of
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