Family Law Act 1996

Prospective

9 Arrangements for the future. E+W

(1) The requirements as to the parties’ arrangements for the future are as follows.

(2) One of the following must be produced to the court—

(a) a court order (made by consent or otherwise) dealing with their financial arrangements;

(b) a negotiated agreement as to their financial arrangements;

(c) a declaration by both parties that they have made their financial arrangements;

(d) a declaration by one of the parties (to which no objection has been notified to the court by the other party) that—

(i) he has no significant assets and does not intend to make an application for financial provision;

(ii) he believes that the other party has no significant assets and does not intend to make an application for financial provision; and

(iii) there are therefore no financial arrangements to be made.

(3) If the parties—

(a) were married to each other in accordance with usages of a kind mentioned in section 26(1) of the M1 Marriage Act 1949 (marriages which may be solemnized on authority of superintendent registrar’s certificate), and

(b) are required to co-operate if the marriage is to be dissolved in accordance with those usages,

the court may, on the application of either party, direct that there must also be produced to the court a declaration by both parties that they have taken such steps as are required to dissolve the marriage in accordance with those usages.

(4) A direction under subsection (3)—

(a) may be given only if the court is satisfied that in all the circumstances of the case it is just and reasonable to give it; and

(b) may be revoked by the court at any time.

(5) The requirements of section 11 must have been satisfied.

(6) Schedule 1 supplements the provisions of this section.

(7) If the court is satisfied, on an application made by one of the parties after the end of the period for reflection and consideration, that the circumstances of the case are—

(a) those set out in paragraph 1 of Schedule 1,

(b) those set out in paragraph 2 of that Schedule,

(c) those set out in paragraph 3 of that Schedule, or

(d) those set out in paragraph 4 of that Schedule,

it may make a divorce order or a separation order even though the requirements of subsection (2) have not been satisfied.

(8) If the parties’ arrangements for the future include a division of pension assets or rights under section 25B of the 1973 Act or section 10 of the M2 Family Law (Scotland) Act 1985, any declaration under subsection (2) must be a statutory declaration.

Marginal Citations

M1 1949 c. 76.

M2 1985 c. 37.