Family Law Act 1996

27 (1) The Inheritance (Provision for Family and Dependants) Act 1975 (meaning of reasonable financial provision) is amended as follows.

(2) In section 1(2)(a), for the words from “the marriage” to “in force” substitute “, at the date of death, a separation order under the Family Law Act 1996 was in force in relation to the marriage”.

(3) In section 3(2) (matters to which the court is to have regard)—

(a) for “decree of judicial separation” substitute “separation order under the Family Law Act 1996”; and

(b) for “a decree of divorce” substitute “a divorce order”.

(4) In section 14 (provision where no financial relief was granted on divorce)—

(a) in subsection (1), for the words from “a decree” to first “granted” substitute “a divorce order or separation order has been made under the Family Law Act 1996 in relation to a marriage or a decree of nullity of marriage has been made absolute”;

(b) in subsection (1)(a), for “section 23” and “section 24” substitute, respectively, “section 22A or 23” and “section 23A or 24”;

(c) after paragraph (b), for the words from “the decree of divorce” to the end substitute “, as the case may be, the divorce order or separation order had not been made or the decree of nullity had not been made absolute”; and

(d) in subsection (2), for “decree of judicial separation” and “the decree” substitute, respectively, “separation order” and “the order”.

(5) In section 15(1) (restriction imposed in divorce proceedings on applications under that Act), for the words from the beginning to “thereafter” substitute—

“At any time when the court—

(a) has jurisdiction under section 23A or 24 of the Matrimonial Causes Act 1973 to make a property adjustment order in relation to a marriage; or

(b) would have such jurisdiction if either the jurisdiction had not already been exercised or an application for such an order were made with the leave of the court,”.

(6) In section 15, for subsections (2) to (4) substitute—

“(2) An order made under subsection (1) above with respect to any party to a marriage has effect in accordance with subsection (3) below at any time—

(a) after the marriage has been dissolved;

(b) after a decree of nullity has been made absolute in relation to the marriage; and

(c) while a separation order under the Family Law Act 1996 is in force in relation to the marriage and the separation is continuing.

(3) If at any time when an order made under subsection (1) above with respect to any party to a marriage has effect the other party to the marriage dies, the court shall not entertain any application made by the surviving party to the marriage for an order under section 2 of this Act.”

(7) In section 19(2)(b) (effect and duration of certain orders), for the words from “the marriage” to “in force” substitute “, at the date of death, a separation order under the Family Law Act 1996 was in force in relation to the marriage with the deceased”.

(8) In section 25 (interpretation), in the definition of “former wife” and “former husband”, for “a decree”, in the first place, substitute “an order or decree”.