Family Law Act 1996

Marital breakdown

5 Marital breakdown

(1) A marriage is to be taken to have broken down irretrievably if (but only if)—

(a) a statement has been made by one (or both) of the parties that the maker of the statement (or each of them) believes that the marriage has broken down;

(b) the statement complies with the requirements of section 6;

(c) the period for reflection and consideration fixed by section 7 has ended; and

(d) the application under section 3 is accompanied by a declaration by the party making the application that—

(i) having reflected on the breakdown, and

(ii) having considered the requirements of this Part as to the parties' arrangements for the future,

the applicant believes that the marriage cannot be saved.

(2) The statement and the application under section 3 do not have to be made by the same party.

(3) An application may not be made under section 3 by reference to a particular statement if—

(a) the parties have jointly given notice (in accordance with rules of court) withdrawing the statement; or

(b) a period of one year (“the specified period”) has passed since the end of the period for reflection and consideration.

(4) Any period during which an order preventing divorce is in force is not to count towards the specified period mentioned in subsection (3)(b).

(5) Subsection (6) applies if, before the end of the specified period, the parties jointly give notice to the court that they are attempting reconciliation but require additional time.

(6) The specified period—

(a) stops running on the day on which the notice is received by the court; but

(b) resumes running on the day on which either of the parties gives notice to the court that the attempted reconciliation has been unsuccessful.

(7) If the specified period is interrupted by a continuous period of more than 18 months, any application by either of the parties for a divorce order or for a separation order must be by reference to a new statement received by the court at any time after the end of the 18 months.

(8) The Lord Chancellor may by order amend subsection (3)(b) by varying the specified period.

6 Statement of marital breakdown

(1) A statement under section 5(1)(a) is to be known as a statement of marital breakdown; but in this Part it is generally referred to as“a statement”.

(2) If a statement is made by one party it must also state that that party—

(a) is aware of the purpose of the period for reflection and consideration as described in section 7; and

(b) wishes to make arrangements for the future.

(3) If a statement is made by both parties it must also state that each of them—

(a) is aware of the purpose of the period for reflection and consideration as described in section 7; and

(b) wishes to make arrangements for the future.

(4) A statement must be given to the court in accordance with the requirements of rules made under section 12.

(5) A statement must also satisfy any other requirements imposed by rules made under that section.

(6) A statement made at a time when the circumstances of the case include any of those mentioned in subsection (7) is ineffective for the purposes of this Part.

(7) The circumstances are—

(a) that a statement has previously been made with respect to the marriage and it is, or will become, possible—

(i) for an application for a divorce order, or

(ii) for an application for a separation order,

to be made by reference to the previous statement;

(b) that such an application has been made in relation to the marriage and has not been withdrawn;

(c) that a separation order is in force.