Family Law Act 1996

Discretionary stays

7 (1) Paragraph 9 is amended as follows.

(2) For sub-paragraph (1), substitute—

“(1) Sub-paragraph (1A) below applies where—

(a) marital proceedings are continuing in the court; or

(b) matrimonial proceedings of any other kind are continuing in the court, if the trial or first trial in the proceedings has not begun.

(1A) The court may make an order staying the proceedings if it appears to the court—

(a) that proceedings in respect of the marriage, or capable of affecting its validity or subsistence, are continuing in another jurisdiction; and

(b) that the balance of fairness (including convenience) as between the parties to the marriage is such that it is appropriate for proceedings in that jurisdiction to be disposed of before further steps are taken in the proceedings to which the order relates.”

(3) For sub-paragraph (3) substitute—

“(3) Where an application for a stay is pending under paragraph 8 above, the court shall not make an order under sub-paragraph (1A) staying marital proceedings in relation to the marriage.”

(4) In sub-paragraph 4, after “pending in the court,” insert “other than marital proceedings,”.

(5) After sub-paragraph (4), insert—

“(5) The effect of an order under sub-paragraph (1A) for a stay of marital proceedings is that, while it is in force—

(a) no application for a divorce order or separation order in relation to the marriage may be made either by reference to the relevant statement or by reference to any subsequent statement of marital breakdown; and

(b) if such an application has been made, no divorce order or separation order shall be made on that application.”