Sections 86 to 89 of the Matrimonial Causes Act (Chapter 282) set out four routes. Part X does not stop there.
Section 90 — enforcement by other means
Subject to this Act, the Rules may make provision for the enforcement of decrees made under this Act by means other than those specified in the preceding provisions of this Part.
Sections 86 to 89 cover attachment and sequestration, recovery as a judgment debt, registration in a court of summary jurisdiction, and attachment of earnings.
Section 90 recognises that enforcement techniques change, and that the detail belongs in rules of court rather than in an Act. It allows the Rules to add to the list — garnishee procedures, charging orders, examination of the judgment debtor and the like — without amending the statute.
The words “subject to this Act” keep the Rules within the statutory framework. They may supply additional machinery; they cannot cut down what Part X provides or create liabilities the Act does not.
Section 91 — decrees made before the Act
A decree made in the country in a matrimonial cause before the commencement date may be enforced —
(a) in any manner in which it could be enforced if this Act had not been made; or
(b) subject to the Rules, in any manner in which a similar decree made by the Court under this Act may be enforced.
Maintenance and custody orders are long-lived. An order made for a young child before the Act commenced may still be running years later, and arrears under it may still be outstanding.
Section 91 gives the holder of such an order both options: the old machinery, or the new. Paragraph (b) is the valuable one — it makes section 88 registration and attachment of earnings available for orders made long before either existed.
The same idea appears in section 76(1)(j), which allows the Court to discharge, suspend or vary orders whether made before or after the commencement date.
Section 96 — injunctions in aid of enforcement
The Court may grant an injunction, by interlocutory order or otherwise (including an injunction in aid of the enforcement of a decree), where it appears to the Court to be just or convenient, and either unconditionally or on such terms and conditions as the Court thinks just.
| Provision | Method | Orders it reaches |
|---|---|---|
| s 86 | Attachment of the person; sequestration of property | Maintenance, costs, custody, access |
| s 87(1) | Recovery as a judgment debt | Any decree ordering payment of money |
| s 87(2) | Enforcement against a deceased party’s estate, by leave | Any decree |
| s 88 | Registration in a court of summary jurisdiction | Maintenance orders |
| s 89 + Sch 2 | Attachment of earnings | Maintenance orders |
| s 90 | Whatever the Rules provide | Any decree |
| s 96 | Injunction in aid of enforcement | Any decree |
| s 77 | Appointment of a person to execute a document | Part VII orders requiring a deed or instrument |
| s 93 | Setting aside or restraining a disposition | Costs, damages, maintenance, settlements |
Section 86 covers maintenance, costs, custody and access. It does not mention settlement of property under section 75, or the restitution and judicial separation decrees.
Section 96 is general. The phrase “in aid of the enforcement of a decree” was included precisely so that the injunction power is not confined to the interlocutory stage.
The threshold is low — just or convenient — and the Court may attach whatever conditions it thinks fit, including an undertaking as to damages.
Enforcement beyond this Act
Across borders. The Maintenance Orders Enforcement Act (Chapter 279) provides reciprocal machinery where a payer has left Papua New Guinea or an order made elsewhere is to be enforced here.
Child maintenance. Orders made in the Family Court under the Lukautim Pikinini Act 2015 carry their own enforcement provisions and are the only route for parties to a customary marriage, whom section 4 excludes from this Act.
Contempt. Independently of section 86, the National Court has an inherent power to punish contempt, and Constitution section 155(4) empowers it to make such orders as are necessary to do justice.
A practical point: the best enforcement is early enforcement. Arrears that accumulate for years are rarely recovered in full, and Schedule 2.4 is designed to be used after four missed weekly payments — not after four years of them.
Sources
- Matrimonial Causes Act (Chapter 282) — ss 4, 75–77, 86–91, 93, 96 and Schedule 2
- Maintenance Orders Enforcement Act (Chapter 279)
- Lukautim Pikinini Act 2015
- Constitution — s 155(4)
Before relying on anything here, read the current text of the Marriage Act (Chapter 280) and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.