Family Law Act 1996

6 Statement of marital breakdown

(1) A statement under section 5(1)(a) is to be known as a statement of marital breakdown; but in this Part it is generally referred to as“a statement”.

(2) If a statement is made by one party it must also state that that party—

(a) is aware of the purpose of the period for reflection and consideration as described in section 7; and

(b) wishes to make arrangements for the future.

(3) If a statement is made by both parties it must also state that each of them—

(a) is aware of the purpose of the period for reflection and consideration as described in section 7; and

(b) wishes to make arrangements for the future.

(4) A statement must be given to the court in accordance with the requirements of rules made under section 12.

(5) A statement must also satisfy any other requirements imposed by rules made under that section.

(6) A statement made at a time when the circumstances of the case include any of those mentioned in subsection (7) is ineffective for the purposes of this Part.

(7) The circumstances are—

(a) that a statement has previously been made with respect to the marriage and it is, or will become, possible—

(i) for an application for a divorce order, or

(ii) for an application for a separation order,

to be made by reference to the previous statement;

(b) that such an application has been made in relation to the marriage and has not been withdrawn;

(c) that a separation order is in force.