Family Law Act 1996

Variations etc. following reconciliations

8 Insert after section 31—

“31A Variation etc. following reconciliations

(1) Where, at a time before the making of a divorce order—

(a) an order (“a paragraph (a) order”) for the payment of a lump sum has been made under section 22A above in favour of a party,

(b) such an order has been made in favour of a child of the family but the payment has not yet been made, or

(c) a property adjustment order (“a paragraph (c) order”) has been made under section 23A above,

the court may, on an application made jointly by the parties to the marriage, vary or discharge the order.

(2) Where the court varies or discharges a paragraph (a) order, it may order the repayment of an amount equal to the whole or any part of the lump sum.

(3) Where the court varies or discharges a paragraph (c) order, it may (if the order has taken effect)—

(a) order any person to whom property was transferred in pursuance of the paragraph (c) order to transfer—

(i) the whole or any part of that property, or

(ii) the whole or any part of any property appearing to the court to represent that property,

in favour of a party to the marriage or a child of the family; or

(b) vary any settlement to which the order relates in favour of any person or extinguish or reduce any person’s interest under that settlement.

(4) Where the court acts under subsection (3) it may make such supplemental provision (including a further property adjustment order or an order for the payment of a lump sum) as it thinks appropriate in consequence of any transfer, variation, extinguishment or reduction to be made under paragraph (a) or (b) of that subsection.

(5) Sections 24A and 30 above apply for the purposes of this section as they apply where the court makes a property adjustment order under section 23A or 24 above.

(6) The court shall not make an order under subsection (2), (3) or (4) above unless it appears to it that there has been a reconciliation between the parties to the marriage.

(7) The court shall also not make an order under subsection (3) or (4) above unless it appears to it that the order will not prejudice the interests of—

(a) any child of the family; or

(b) any person who has acquired any right or interest in consequence of the paragraph (c) order and is not a party to the marriage or a child of the family.”