Draft Regulations laid before Parliament under section 6(5) of the Divorce, Dissolution and Separation Act 2020, for approval by resolution of each House of Parliament.
2022 No.
The Divorce, Dissolution and Separation Act 2020 (Consequential Amendments) Regulations 2022
Made
Coming into force in accordance with regulation 1(2)
The Lord Chancellor, in exercise of the powers conferred by sections 6(2) and (3) of the Divorce, Dissolution and Separation Act 20201, makes the following Regulations.
In accordance with section 6(5) of the Divorce, Dissolution and Separation Act 2020, a draft of these Regulations was laid before Parliament and approved by a resolution of each House of Parliament.
Citation, commencement and extent1
1
These Regulations may be cited as the Divorce, Dissolution and Separation Act 2020 (Consequential Amendments) Regulations 2022.
2
These Regulations come into force on the day on which section 1 of the Divorce, Dissolution and Separation Act 2020 comes fully into force.
3
Subject to paragraph (4), these Regulations extend to England and Wales.
4
An amendment made by these Regulations has the same extent as the enactment amended.
Amendments2
The Schedule (amendments in consequence of provisions of the Divorce, Dissolution and Separation Act 2020) has effect.
Transitional provision3
Paragraphs 1(3), 6, and 7 of the Schedule do not apply in relation to proceedings that were issued before these Regulations come into force.
SCHEDULEAmendments in consequence of provisions of the Divorce, Dissolution and Separation Act 2020
PART 1Amendment of primary legislation
Domicile and Matrimonial Proceedings Act 19731
1
The Domicile and Matrimonial Proceedings Act 19732 is amended as follows.
2
In section 5 (jurisdiction of High Court and family court), in subsection (2), after paragraph (c), insert—
ca
in a joint application only, either of the parties to the marriage is habitually resident in England and Wales;
3
In Schedule 1 (staying of matrimonial proceedings (England and Wales))—
a
in paragraph 2, for “petitioner” substitute “applicant”
;
b
in paragraph 7, for “a petitioner” substitute “an applicant”
.
PART 2Amendment of secondary legislation
Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 20052
In regulation 4 (jurisdiction: England and Wales) of the Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 20053, after paragraph (c), insert—
ca
in a joint application only, either civil partner is habitually resident in England and Wales;
Civil Partnership (Registration Provisions) Regulations 20053
In Schedule 3 (evidence) to the Civil Partnership (Registration Provisions) Regulations 20054, in paragraph 4, sub-paragraph (1)(a)—
a
after “decree absolute” insert “or final order”
;
b
after “marriage” insert “or nullity of marriage order”
.
Pension Protection Fund (Provision of Information) Regulations 20054
1
Schedule 3 (information to be provided by members and beneficiaries) to the Pension Protection Fund (Provision of Information) Regulations 20055, is amended as follows.
2
In the table in paragraph 1, in the second row —
a
in the second column, after “decree” insert “or final order”
;
b
in the third column, after “absolute” insert “or the conditional order was made final”
.
Financial Assistance Scheme (Provision of Information and Administration of Payments) Regulations 20055
1
Schedule 2 (information to be provided by beneficiaries and potential beneficiaries) to the Financial Assistance Scheme (Provision of Information and Administration of Payments) Regulations 20056 is amended as follows.
2
In the table in paragraph 1, in the third row—
a
in the second column, after “decree” insert “or final order”
;
b
in the third column, after “absolute” insert “or the conditional order is made final”
.
Civil Legal Aid (Merits Criteria) Regulations 20136
In regulation 25 (victims of domestic violence and family matters: family help (lower)) of the Civil Legal Aid (Merits Criteria) Regulations 20137, for “a petition” substitute “an application”
.
Civil Legal Aid (Remuneration) Regulations 20137
1
The Civil Legal Aid (Remuneration) Regulations 20138 are amended as follows.
2
In regulation 8(4) (remuneration: advocacy services in family proceedings), in sub-paragraph (c), for “defended” substitute “disputed”
.
3
In Schedule 1, in Part 1 (civil standard and graduated fees), in the heading to Table 3(b), for “petition” substitute “application”
.
Marriage (Same Sex Couples) (Jurisdiction and Recognition of Judgments) Regulations 20148
In regulation 2 (jurisdiction) of the Marriage (Same Sex Couples) (Jurisdiction and Recognition of Judgments) Regulations 20149, after paragraph (c), insert—
ca
in a joint application only, either of the parties to the marriage is habitually resident in England and Wales;
(This note is not part of the Regulations)