Family Law Act 1996

3 Circumstances in which orders are made

(1) If an application for a divorce order or for a separation order is made to the court under this section by one or both of the parties to a marriage, the court shall make the order applied for if (but only if)—

(a) the marriage has broken down irretrievably;

(b) the requirements of section 8 about information meetings are satisfied;

(c) the requirements of section 9 about the parties' arrangements for the future are satisfied; and

(d) the application has not been withdrawn.

(2) A divorce order may not be made if an order preventing divorce is in force under section 10.

(3) If the court is considering an application for a divorce order and an application for a separation order in respect of the same marriage it shall proceed as if it were considering only the application for a divorce order unless—

(a) an order preventing divorce is in force with respect to the marriage;

(b) the court makes an order preventing divorce; or

(c) section 7(6) or (13) applies.