Section 88 Matrimonial Causes Act 1970

Section 88 of the Matrimonial Causes Act 1970 is about Attachment. It provides as follows:

(1) Subject to rules of court, a court having jurisdiction under this Act may enforce by attachment or other process an order made by it under this Act for payment of maintenance or costs or in respect of the custody of, or access, to children.

(2) The court shall order the release from custody of a person who has been attached under this section upon being satisfied that that person has complied with the order in respect of which he was attached and may, at any time, if the court is satisfied that it is just and equitable to do so, order the release of such a person notwithstanding that he has not complied with that order.

(3) Where attachment or other process remains unsatisfied for not less than six weeks, the person who has been attached under this section in consequence of his failure to comply with an order for the payment of maintenance or costs shall be deemed to be an insolvent person and may be kept in custody under the attachment for a period not exceeding six months after the expiry of the period of six weeks aforesaid, unless the court otherwise orders.

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