Part IIDivorce and Separation
Interpretation
24Interpretation of Part II etc
1
In this Part—
“the 1973 Act” means the [1973 c. 18.] Matrimonial Causes Act 1973;
“child of the family” and“the court” have the same meaning as in the 1973 Act;
“divorce order” has the meaning given in section 2(1)(a);
“divorce proceedings” is to be read with section 20;
“marital proceedings” has the meaning given in section 20;
“non-molestation order” has the meaning given by section 42(1);
“occupation order” has the meaning given by section 39;
“order preventing divorce” has the meaning given in section 10(2);
“party”, in relation to a marriage, means one of the parties to the marriage;
“period for reflection and consideration” has the meaning given in section 7;
“separation order” has the meaning given in section 2(1)(b);
“separation proceedings” is to be read with section 20;
“statement” means a statement of marital breakdown;
“statement of marital breakdown” has the meaning given in section 6(1).
2
For the purposes of this Part, references to the withdrawal of an application are references, in relation to an application made jointly by both parties, to its withdrawal by a notice given, in accordance with rules of court—
a
jointly by both parties; or
b
separately by each of them.
3
Where only one party gives such a notice of withdrawal, in relation to a joint application, the application shall be treated as if it had been made by the other party alone.
25Connected proceedings
1
For the purposes of this Part, proceedings are connected with the breakdown of a marriage if they fall within subsection (2) and, at the time of the proceedings—
a
a statement has been received by the court with respect to the marriage and it is or may become possible for an application for a divorce order or separation order to be made by reference to that statement;
b
such an application in relation to the marriage has been made and not withdrawn; or
c
a divorce order has been made, or a separation order is in force, in relation to the marriage.
2
The proceedings are any under Parts I to V of the [1989 c. 41.] Children Act 1989 with respect to a child of the family or any proceedings resulting from an application—
a
for, or for the cancellation of, an order preventing divorce in relation to the marriage;
b
by either party to the marriage for an order under Part IV;
c
for the exercise, in relation to a party to the marriage or child of the family, of any of the court’s powers under Part II of the 1973 Act;
d
made otherwise to the court with respect to, or in connection with, any proceedings connected with the breakdown of the marriage.