Family Law Act 1996

10 (1) Section 25A (requirement to consider need to provide for“a clean break”) is amended as follows.

(2) In subsection (1), for the words from the beginning to “the marriage” substitute—

“If the court decides to exercise any of its powers under any of sections 22A to 24A above in favour of a party to a marriage (other than its power to make an interim periodical payments order or an interim order for the payment of a lump sum)”.

(3) In subsection (1), for “the decree” substitute “a divorce order or decree of nullity”.

(4) For subsection (3) substitute—

“(3) If the court—

(a) would have power under section 22A or 23 above to make a financial provision order in favour of a party to a marriage (“the first party”), but

(b) considers that no continuing obligation should be imposed on the other party to the marriage (“the second party”) to make or secure periodical payments in favour of the first party,

it may direct that the first party may not at any time after the direction takes effect, apply to the court for the making against the second party of any periodical payments order or secured periodical payments order and, if the first party has already applied to the court for the making of such an order, it may dismiss the application.

(3A) If the court—

(a) exercises, or has exercised, its power under section 22A at any time before making a divorce order, and

(b) gives a direction under subsection (3) above in respect of a periodical payments order or a secured periodical payments order,

it shall provide for the direction not to take effect until a divorce order is made.”