- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/04/2013)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 13/05/2014
Point in time view as at 01/04/2013.
Family Law Act 1996, Paragraph 16 is up to date with all changes known to be in force on or before 26 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
16(1)Section 31 (variation etc. of orders) is amended as follows.E+W
(2)In subsection (2)—
(a)after “following orders” insert “ under this Part of this Act ”;
(b)for paragraph (d) substitute—
“(d)an order for the payment of a lump sum in a case in which the payment is to be by instalments;”;
(c)in paragraph (dd), for “23(1)(c)” substitute “ 21(1)(c) ”;
(d)after paragraph (dd) insert—
“(de)any other order for the payment of a lump sum, if it is made at a time when no divorce order has been made, and no separation order is in force, in relation to the marriage;”;
(e)for paragraph (e) substitute—
“(e)any order under section 23A of a kind referred to in section 21(2)(b),(c) or (d) which is made on or after the making of a separation order;
(ea)any order under section 23A which is made at a time when no divorce order has been made, and no separation order is in force, in relation to the marriage;”
[F1(f)after paragraph (f) there is inserted—
“(fa)a pension sharing order under section 24B which is made at a time when no divorce order has been made, and no separation order is in force, in relation to the marriage; ”
(g)in paragraph (g), for “24B” substitute “24BB”.]
.
(3)In subsection (4)—
(a)for the words from “for a settlement” to “24(1)(c) or (d)”, substitute “ referred to in subsection (2)(e) ”; and
(b)for paragraphs (a) and (b) substitute “ on an application for a divorce order in relation to the marriage ”.
[F2(3A)In subsection (4A), after “paragraph” insert “(de), (ea), (fa) or”.]
(4)After [F3subsection (4A) insert—]
[F4“(4AA)]No variation—
(a)of a financial provision order made under section 22A above, other than an interim order, or
(b)of a property adjustment order made under section 23A above,
shall be made so as to take effect before the making of a divorce order or separation order in relation to the marriage, unless the court is satisfied that the circumstances of the case are exceptional, and that it would be just and reasonable for the variation to be so made.”
[F5(4AB)No variation of a pension sharing order under section 24B above shall be made so as to take effect before the making of a divorce order in relation to the marriage.]
[F6(4A)In subsection (4B), after “order” insert “under section 24BB above”.]
(5)In subsection (5)—
(a)insert, at the beginning, “Subject to subsections (7A) to (7F) below and without prejudice to any power exercisable by virtue of subsection (2)(d),(dd) or (e) above or otherwise than by virtue of this section,”; and
(b)for “section 23”, in each place, substitute “ section 22A or 23 ”.
(6)In subsection (7)(a)—
(a)for “on or after” to “consider” substitute “ in favour of a party to a marriage, the court shall, if the marriage has been dissolved or annulled, consider ”; and
(b)after “sufficient” insert “ (in the light of any proposed exercise by the court, where the marriage has been dissolved, of its powers under subsection (7B) below) ”.
(7)After subsection (7), insert—
“(7A)Subsection (7B) below applies where, after the dissolution of a marriage, the court—
(a)discharges a periodical payments order or secured periodical payments order made in favour of a party to the marriage; or
(b)varies such an order so that payments under the order are required to be made or secured only for such further period as is determined by the court.
(7B)The court has power, in addition to any power it has apart from this subsection, to make supplemental provision consisting of any of—
(a)an order for the payment of a lump sum in favour of a party to the marriage;
(b)one or more property adjustment orders in favour of a party to the marriage;
(c)a direction that the party in whose favour the original order discharged or varied was made is not entitled to make any further application for—
(i)a periodical payments or secured periodical payments order, or
(ii)an extension of the period to which the original order is limited by any variation made by the court.
(7C)An order for the payment of a lump sum made under subsection (7B) above may—
(a)provide for the payment of that sum by instalments of such amount as may be specified in the order; and
(b)require the payment of the instalments to be secured to the satisfaction of the court.
(7D)Subsections (7) and (8) of section 22A above apply where the court makes an order for the payment of a lump sum under subsection (7B) above as they apply where it makes such an order under section 22A above.
(7E)If under subsection (7B) above the court makes more than one property adjustment order in favour of the same party to the marriage, each of those orders must fall within a different paragraph of section 21(2) above.
(7F)Sections 24A and 30 above apply where the court makes a property adjustment order under subsection (7B) above as they apply where it makes such an order under section 23A above.”
[F7(8)After subsection (7F) insert—
“(7FA)Section 24B(3) above applies where the court makes a pension sharing order under subsection (7B) above as it applies where the court makes such an order under section 24B above. ”
(9)In subsection (7G)—
(a)for “Subsections (3) to (5) of section 24B” substitute “Section 24BA(5) to (7)”, and
(b)for “that section” substitute “section 24B above”.]
Textual Amendments
F1Sch. 8 para. 16(2)(f) inserted (1.12.2000) by 1999 c. 30, s. 84, Sch. 12 Pt. I para. 66(1)(5); S.I. 2000/1116, art. 2(f)
F2Sch. 8 para. 16(3A) inserted (1.12.2000) by 1999 c. 30, s. 84, Sch. 12 Pt. I para. 66(1)(6); S.I. 2000/1116, art. 2(f)
F3Words in Sch. 8 para. 16(4) substituted (1.12.2000) by 1999 c. 30, s. 84, Sch. 12 Pt. I para. 66(7); S.I. 2000/1116, art. 2(f)
F4Sch. 8 para. 16(4AA) renumbered for 16(4B) (1.12.2000) by 1999 c. 30, s. 84, Sch. 12 Pt. I para. 66(7); S.I. 2000/1116, art. 2(f)
F5Sch. 8 para. 16(4)(4AB) inserted (1.12.2000) by 1999 c. 30, s.84, Sch. 12 Pt. I para. 66(7); S.I. 2000/1116, art. 2(f)
F6Sch. 8 para. 16(4A) inserted (1.12.2000) by 1999 c. 30, s. 84, Sch. 12 Pt. I para. 66(8); S.I. 2000/1116, art. 2(f)
F7Sch. 8 para. 16(8)(9) inserted (1.12.2000) by 1999 c. 30, s. 84, Sch. 12 Pt. I para. 66(9); S.I. 2000/1116, art. 2(f)
Commencement Information
I1Sch. 8 para. 16 partly in force; Sch. 8 para. 16 not in force at Royal Assent see s. 67(3); Sch. 8 para. 16(5)(a)(6)(b)(7) in force at 1.11.1998 by S.I. 1998/2572, art. 3
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys