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such an application in relation to the marriage has been made and not withdrawn; or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.