Family Law Act 1996

Jurisdiction and commencement of proceedings

19 Jurisdiction in relation to divorce and separation

(1) In this section“the court’s jurisdiction” means—

(a) the jurisdiction of the court under this Part to entertain marital proceedings; and

(b) any other jurisdiction conferred on the court under this Part, or any other enactment, in consequence of the making of a statement.

(2) The court’s jurisdiction is exercisable only if—

(a) at least one of the parties was domiciled in England and Wales on the statement date;

(b) at least one of the parties was habitually resident in England and Wales throughout the period of one year ending with the statement date; or

(c) nullity proceedings are pending in relation to the marriage when the marital proceedings commence.

(3) Subsection (4) applies if—

(a) a separation order is in force; or

(b) an order preventing divorce has been cancelled.

(4) The court—

(a) continues to have jurisdiction to entertain an application made by reference to the order referred to in subsection (3); and

(b) may exercise any other jurisdiction which is conferred on it in consequence of such an application.

(5) Schedule 3 amends Schedule 1 to the [1973 c. 45.] Domicile and Matrimonial Proceedings Act 1973 (orders to stay proceedings where there are proceedings in other jurisdictions).

(6) The court’s jurisdiction is exercisable subject to any order for a stay under Schedule 1 to that Act.

(7) In this section—

• “nullity proceedings” means proceedings in respect of which the court has jurisdiction under section 5(3) of the Domicile and Matrimonial Proceedings Act 1973; and

• “statement date” means the date on which the relevant statement was received by the court.

20 Time when proceedings for divorce or separation begin

(1) The receipt by the court of a statement is to be treated as the commencement of proceedings.

(2) The proceedings are to be known as marital proceedings.

(3) Marital proceedings are also—

(a) separation proceedings, if an application for a separation order has been made under section 3 by reference to the statement and not withdrawn;

(b) divorce proceedings, if an application for a divorce order has been made under section 3 by reference to the statement and not withdrawn.

(4) Marital proceedings are to be treated as being both divorce proceedings and separation proceedings at any time when no application by reference to the statement, either for a divorce order or for a separation order, is outstanding.

(5) Proceedings which are commenced by the making of an application under section 4(3) are also marital proceedings and divorce proceedings.

(6) Marital proceedings come to an end—

(a) on the making of a separation order;

(b) on the making of a divorce order;

(c) on the withdrawal of the statement by a notice in accordance with section 5(3)(a);

(d) at the end of the specified period mentioned in section 5(3)(b), if no application under section 3 by reference to the statement is outstanding;

(e) on the withdrawal of all such applications which are outstanding at the end of that period;

(f) on the withdrawal of an application under section 4(3).