Divorce, Dissolution and Separation Act 2020

Section 6

SCHEDULE U.K. Minor and consequential amendments

PART 1 U.K. Amendments to the Matrimonial Causes Act 1973

1 U.K. The Matrimonial Causes Act 1973 is amended as follows.

Commencement Information

I1 Sch. para. 1 in force at 6.4.2022 by S.I. 2022/283, reg. 2

2 U.K. Omit section 2 (supplemental provisions as to facts raising presumption of breakdown).

Commencement Information

I2 Sch. para. 2 in force at 6.4.2022 by S.I. 2022/283, reg. 2

3 U.K. In section 3 (bar on petitions for divorce within one year of marriage)—

(a) in the heading, for “petitions for divorce” substitute “ applying for a divorce order ”;

(b) in subsection (1), for “No petition for divorce shall be presented to the court” substitute “ An application for a divorce order may not be made ”;

(c) omit subsection (2).

Commencement Information

I3 Sch. para. 3 in force at 6.4.2022 by S.I. 2022/283, reg. 2

4 U.K. Omit section 4 (divorce not precluded by previous judicial separation).

Commencement Information

I4 Sch. para. 4 in force at 6.4.2022 by S.I. 2022/283, reg. 2

5 U.K. Omit section 5 (refusal of decree in five year separation cases on grounds of grave hardship to respondent).

Commencement Information

I5 Sch. para. 5 in force at 6.4.2022 by S.I. 2022/283, reg. 2

6 U.K. In section 6 (attempts at reconciliation of parties to marriage)—

(a) in subsection (1), for the words from “a petitioner” to “him” substitute “ an applicant for a divorce order to certify whether the representative has discussed with the applicant the possibility of reconciliation and given the applicant ”;

(b) in subsection (2), for “divorce” substitute “ a divorce order ”.

Commencement Information

I6 Sch. para. 6 in force at 6.4.2022 by S.I. 2022/283, reg. 2

7 U.K. In section 7 (consideration by the court of certain agreements or arrangements)—

(a) for “either before or after the presentation of a petition for divorce,” substitute “ when proceedings for a divorce order are contemplated or have begun, ”;

(b) for the words from “proceedings” to “have begun,” substitute “ proceedings, ”.

Commencement Information

I7 Sch. para. 7 in force at 6.4.2022 by S.I. 2022/283, reg. 2

8 U.K. In section 8 (intervention of Queen's Proctor)—

(a) in subsection (1), in the words before paragraph (a), for “a petition for divorce” substitute “ an application for a divorce order ”;

(b) in subsection (1)(b), for “decree nisi is made absolute” substitute “ divorce order is made final ”;

(c) in subsection (2), for “decree nisi in any proceedings for divorce,” substitute “ conditional order in any proceedings for a divorce order, ”.

Commencement Information

I8 Sch. para. 8 in force at 6.4.2022 by S.I. 2022/283, reg. 2

9 U.K. In section 9 (proceedings after decree nisi: general powers of court)—

(a) in the heading, for “after decree nisi” substitute “ before divorce order has been made final ”;

(b) in subsection (1), in the words before paragraph (a)—

(i) for “decree of divorce has been granted but not made absolute” substitute “ divorce order has been made but not made final ”;

(ii) for “decree should not be made absolute” substitute “ order should not be made final ”;

(c) in subsection (1)(a), for “section 1(5)” substitute “ section 1(4) ” and for “decree absolute” substitute “ order final ”;

(d) in subsection (1)(b), for “decree” substitute “ order ”;

(e) in subsection (2)—

(i) for the words from the beginning to the second “granted,” substitute “ Where a divorce order has been made on an application by one party to a marriage and that party has not applied for the order to be made final, ”;

(ii) for “the party against whom it was granted” substitute “ the other party to the marriage ”.

Commencement Information

I9 Sch. para. 9 in force at 6.4.2022 by S.I. 2022/283, reg. 2

10 U.K. In section 10 (proceedings after decree nisi: special protection for respondent in separation cases)—

(a) for the heading substitute “ Proceedings before divorce order made final: special protection for respondent ”;

(b) omit subsection (1);

(c) for subsections (2) and (3) substitute—

“(2) The following provisions of this section apply where—

(a) on an application for a divorce order a conditional order has been made and—

(i) the conditional order is in favour of one party to a marriage, or

(ii) the conditional order is in favour of both parties to a marriage but one of the parties has since withdrawn from the application, and

(b) the respondent has applied to the court for consideration under subsection (3) of their financial position after the divorce.

(3) Subject to subsection (4), the court hearing an application by the respondent under subsection (2) must not make the divorce order final unless it is satisfied—

(a) that the applicant should not be required to make any financial provision for the respondent, or

(b) that the financial provision made by the applicant for the respondent is reasonable and fair or the best that can be made in the circumstances.

(3A) In making a determination under subsection (3) the court must consider all the circumstances including—

(a) the age, health, conduct, earning capacity, financial resources and financial obligations of each of the parties to the marriage, and

(b) the financial position of the respondent as, having regard to the divorce, it is likely to be after the death of the applicant should that person die first.”;

(d) in subsection (4)—

(i) in the words before paragraph (a), for “decree absolute” substitute “ divorce order final ”;

(ii) in paragraph (a), for “decree should be made absolute” substitute “ order should be made final ”;

(iii) in paragraph (b), for “petitioner that he will make such financial provision” substitute “ applicant that they will make such financial provision ”.

Commencement Information

I10 Sch. para. 10 in force at 6.4.2022 by S.I. 2022/283, reg. 2

11 U.K. In section 10A (proceedings after decree nisi: religious marriage)—

(a) in the heading, for “after decree nisi” substitute “ before divorce order has been made final ”;

(b) in subsection (1)—

(i) for “decree of divorce has been granted” substitute “ divorce order has been made ”;

(ii) for “absolute” substitute “ final ”;

(c) in subsection (2)—

(i) for “decree of divorce” substitute “ divorce order ”;

(ii) for “absolute” substitute “ final ”;

(d) in subsection (5), for “decree of divorce” substitute “ divorce order ”.

Commencement Information

I11 Sch. para. 11 in force at 6.4.2022 by S.I. 2022/283, reg. 2

12 U.K. After section 12A insert—

“12B The period before nullity of marriage orders may be made final

(1) An order that annuls a marriage which is void or voidable (a “nullity of marriage order”)—

(a) is, in the first instance, a conditional order, and

(b) may not be made final before the end of the period of 6 weeks from the making of the conditional order.

(2) The Lord Chancellor may by order made by statutory instrument amend this section so as to shorten or lengthen the period for the purposes of subsection (1)(b).

(3) But the Lord Chancellor may not under subsection (2) lengthen the period so that it exceeds 6 months.

(4) In a particular case the court dealing with the case may by order shorten the period that would otherwise be applicable for the purposes of subsection (1)(b).

(5) A statutory instrument containing an order under subsection (2) is subject to annulment in pursuance of a resolution of either House of Parliament.”

Commencement Information

I12 Sch. para. 12 in force at 6.4.2022 by S.I. 2022/283, reg. 2

13 (1) Section 13 (bars to relief where marriage is voidable) is amended as follows. U.K.

(2) In subsection (1)—

(a) in the words before paragraph (a), for the words from “not” to “nullity” substitute “ not make a nullity of marriage order ”;

(b) in paragraph (a), for “petitioner” substitute “ applicant ”;

(c) in paragraph (b), for “grant the decree” substitute “ make the order ”.

(3) In subsection (2), for “grant a decree of nullity” substitute “ make a nullity of marriage order ”.

(4) In subsection (2A), for “grant a decree of nullity” substitute “ make a nullity of marriage order ”.

(5) In subsection (3)—

(a) for “grant a decree of nullity” substitute “ make a nullity of marriage order ”, and

(b) for “petitioner” substitute “ applicant ”.

(6) In subsection (4)—

(a) in the words before paragraph (a), for “grant of a decree of nullity” substitute “ making of a nullity of marriage order ”;

(b) in paragraph (a), for “petitioner” substitute “ applicant ”.

Commencement Information

I13 Sch. para. 13 in force at 6.4.2022 by S.I. 2022/283, reg. 2

14 U.K. For section 15 (application of sections 1(5), 8 and 9 to nullity proceedings) substitute—

“15 Application of sections 8 and 9 to proceedings for a nullity of marriage order

Section 8 (intervention of Queen's Proctor) and section 9 (proceedings before divorce order has been made final: general powers of court) apply in relation to proceedings for a nullity of marriage order as if for any reference in those sections to a divorce order there were substituted a reference to a nullity of marriage order.”

Commencement Information

I14 Sch. para. 14 in force at 6.4.2022 by S.I. 2022/283, reg. 2

15 (1) Section 16 (effect of decree of nullity in case of voidable marriage) is amended as follows. U.K.

(2) In the heading, for “decree of nullity” substitute “ annulment ”.

(3) The existing text becomes subsection (1).

(4) In subsection (1)—

(a) for the words from the beginning to “1971” substitute “ A nullity of marriage order granted ”;

(b) for “decree has been made absolute,” substitute “ order has been made final, ”;

(c) for “notwithstanding the decree,” substitute “ notwithstanding the order, ”.

(5) After subsection (1) insert—

“(2) Subsection (1) has effect in relation to a decree of nullity granted after 31 July 1971 as it has effect in relation to a nullity of marriage order, but with the substitution—

(a) for “order has been made final,” of “decree has been made absolute,” and

(b) for “notwithstanding the order,” of “notwithstanding the decree,”.

Commencement Information

I15 Sch. para. 15 in force at 6.4.2022 by S.I. 2022/283, reg. 2

16 U.K. In section 18 (effects of judicial separation)—

(a) omit subsection (1);

(b) in subsection (2), after “decree of judicial separation” insert “ or judicial separation order ”.

Commencement Information

I16 Sch. para. 16 in force at 6.4.2022 by S.I. 2022/283, reg. 2

17 U.K. Omit section 20 (relief for respondent in divorce proceedings) and the heading before it.

Commencement Information

I17 Sch. para. 17 in force at 6.4.2022 by S.I. 2022/283, reg. 2

18 U.K. In section 21 (financial provision and property adjustment orders)—

(a) in subsection (2), for “grant of a decree of divorce, nullity of marriage or judicial separation,” substitute “ making of a divorce, nullity of marriage or judicial separation order, ”;

(b) at the end insert—

“(3) See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders).”

Commencement Information

I18 Sch. para. 18 in force at 6.4.2022 by S.I. 2022/283, reg. 2

19 U.K. In section 22 (maintenance pending suit), in subsection (1)—

(a) for “a petition for divorce, nullity of marriage or judicial separation,” substitute “ an application for a divorce, nullity of marriage or judicial separation order, ”;

(b) for “presentation of the petition” substitute “ making of the application ”.

Commencement Information

I19 Sch. para. 19 in force at 6.4.2022 by S.I. 2022/283, reg. 2

20 (1) Section 23 (financial provision orders in connection with divorce proceedings etc) is amended as follows. U.K.

(2) In subsection (1), for the words from the beginning to “absolute),” substitute “ On making a divorce, nullity of marriage or judicial separation order or at any time after making such an order (whether, in the case of a divorce or nullity of marriage order, before or after the order is made final), ”.

(3) In subsection (2)(a), for “granting a decree;” substitute “ making a divorce order, nullity of marriage order or judicial separation order (as the case may be); ”.

(4) In subsection (5), for the words from “granting” to the end substitute “ making a divorce or nullity of marriage order, neither the order under subsection (1)(a), (b) or (c) nor any settlement made in pursuance of it is to take effect unless the divorce or nullity of marriage order has been made final. ”

(5) At the end insert—

“(7) See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders).”

Commencement Information

I20 Sch. para. 20 in force at 6.4.2022 by S.I. 2022/283, reg. 2

21 (1) Section 24 (property adjustment orders in connection with divorce proceedings etc) is amended as follows. U.K.

(2) In subsection (1), for the words from the beginning to “absolute),” substitute “ On making a divorce, nullity of marriage or judicial separation order or at any time after making such an order (whether, in the case of a divorce or nullity of marriage order, before or after the order is made final), ”.

(3) In subsection (3), for the words from “granting” to the end substitute “ making a divorce or nullity of marriage order, neither the order under this section nor any settlement made in pursuance of it is to take effect unless the divorce or nullity of marriage order has been made final. ”

(4) At the end insert—

“(4) See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders).”

Commencement Information

I21 Sch. para. 21 in force at 6.4.2022 by S.I. 2022/283, reg. 2

22 (1) Section 24A (orders for sale of property) is amended as follows. U.K.

(2) In subsection (3), for the words from “grant” to the end substitute “ making of a divorce or nullity of marriage order, the order under subsection (1) is not to take effect unless the divorce or nullity of marriage order has been made final. ”

(3) At the end insert—

“(7) See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders).”

Commencement Information

I22 Sch. para. 22 in force at 6.4.2022 by S.I. 2022/283, reg. 2

23 (1) Section 24B (pension sharing orders in connection with divorce proceedings etc) is amended as follows. U.K.

(2) In subsection (1), for the words from the beginning to “absolute),” substitute “ On making a divorce or nullity of marriage order or at any time after making such an order (whether before or after the order is made final), ”.

(3) In subsection (2), for the words from “decree” to the end substitute “ divorce or nullity of marriage order on or after which it is made has been made final. ”

(4) At the end insert—

“(6) See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders).”

Commencement Information

I23 Sch. para. 23 in force at 6.4.2022 by S.I. 2022/283, reg. 2

24 (1) Section 24E (pension compensation sharing orders in connection with divorce proceedings) is amended as follows. U.K.

(2) In subsection (1), for the words from the beginning to “absolute),” substitute “ On making a divorce or nullity of marriage order or at any time after making such an order (whether before or after the order is made final), ”.

(3) In subsection (2), for the words from “decree” to the end substitute “ divorce or nullity of marriage order on or after which it is made has been made final. ”

(4) At the end insert—

“(11) See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders).”

Commencement Information

I24 Sch. para. 24 in force at 6.4.2022 by S.I. 2022/283, reg. 2

25 (1) Section 25A (exercise of court's powers in favour of party to marriage on decree of divorce or nullity of marriage) is amended as follows. U.K.

(2) In the heading, for “decree of divorce or nullity of marriage” substitute “ divorce or nullity of marriage order ”.

(3) In subsection (1)—

(a) for “grant of a decree of divorce or nullity of marriage” substitute “ making of a divorce or nullity of marriage order ”;

(b) for “grant of the decree” substitute “ making of the order ”.

(4) In subsection (3), for “grant of a decree of divorce or nullity of marriage” substitute “ making of a divorce or nullity of marriage order ”.

(5) At the end insert—

“(4) See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders).”

Commencement Information

I25 Sch. para. 25 in force at 6.4.2022 by S.I. 2022/283, reg. 2

26 U.K. In section 26 (commencement of proceedings for ancillary relief etc)—

(a) in subsection (1)—

(i) for the words from “a petition” to “presented,” substitute “ an application for a divorce, nullity of marriage or judicial separation order has been made, ”;

(ii) for “presentation of the petition” substitute “ presentation of the application ”;

(b) in subsection (2)(a), for “petition or answer” substitute “ application or response ”;

(c) in subsection (2)(b) for “presentation of the petition or filing of the answer” substitute “ presentation of the application or filing of the response ”.

Commencement Information

I26 Sch. para. 26 in force at 6.4.2022 by S.I. 2022/283, reg. 2

27 (1) Section 28 (duration of continuing financial provision orders in favour of party to marriage, and effect of remarriage or formation of civil partnership) is amended as follows. U.K.

(2) In subsection (1)—

(a) in the words before paragraph (a), for “grant of a decree of divorce or nullity of marriage” substitute “ making of a divorce or nullity of marriage order ”;

(b) in paragraph (a), for “grant of a decree of divorce or nullity of marriage,” substitute “ making of a divorce or nullity of marriage order, ” and after “favour the” insert “ periodical payments ”;

(c) in paragraph (b)—

(i) for “grant of such a decree,” substitute “ making of a divorce or nullity of marriage order, ”;

(ii) after “favour the” insert “ secured periodical payments ”.

(3) In subsection (1A)—

(a) for “grant of a decree of divorce or nullity of marriage,” substitute “ making of a divorce or nullity of marriage order, ”;

(b) after “in the” insert “ periodical payments or secured periodical payments ”.

(4) In subsection (2)—

(a) for “grant of a decree of divorce or nullity of marriage,” substitute “ making of a divorce or nullity of marriage order, ”;

(b) for “order continues in force, the order” substitute “ periodical payments or secured periodical payments order continues in force, that order ”.

(5) In subsection (3)—

(a) for “grant of a decree” substitute “ grant or making of a decree or order ”;

(b) for “grant of that decree,” substitute “ grant or making of that decree or order, ”.

(6) At the end insert—

“(4) See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders).”

Commencement Information

I27 Sch. para. 27 in force at 6.4.2022 by S.I. 2022/283, reg. 2

28 U.K. In section 30 (direction for settlement of instrument for securing payments or effecting property adjustment), in paragraph (b), for “grant of the decree in question” substitute “ making of the divorce, nullity of marriage or judicial separation order ”.

Commencement Information

I28 Sch. para. 28 in force at 6.4.2022 by S.I. 2022/283, reg. 2

29 (1) Section 31 (variation, discharge etc of certain orders for financial relief) is amended as follows. U.K.

(2) In subsection (2)(e), for “grant of a decree of judicial separation;” substitute “ making of a judicial separation order; ”.

(3) In subsection (2)(g), for “decree has been made absolute” substitute “ divorce or nullity of marriage order has been made final ”.

(4) In subsection (4)(a), for “decree of judicial separation” substitute “ judicial separation order ”.

(5) In subsection (4A)(a)(ii), for “decree has not been made absolute” substitute “ divorce or nullity of marriage order has not been made final ”.

(6) In subsection (4B), for “decree is made absolute” substitute “ divorce or nullity of marriage order is made final ”.

(7) In subsection (7)(a), for “grant of a decree of divorce or nullity of marriage,” substitute “ making of a divorce or nullity of marriage order, ”.

(8) At the end insert—

“(16) See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders).”

Commencement Information

I29 Sch. para. 29 in force at 6.4.2022 by S.I. 2022/283, reg. 2

30 U.K. In section 47 (matrimonial relief and declarations of validity in respect of polygamous marriages)—

(a) in subsection (2)(a), for “decree” substitute “ order ”;

(b) in paragraph (d) omit “decree or”.

Commencement Information

I30 Sch. para. 30 in force at 6.4.2022 by S.I. 2022/283, reg. 2

31 (1) Section 49 (parties to proceedings under this Act) is amended as follows. U.K.

(2) Omit subsections (1) to (3).

(3) In subsection (4)—

(a) omit “, in cases not falling within subsection (1) above,”;

(b) omit “adultery or other”.

(4) In subsection (5), for the words from the beginning to “suit or” substitute “ In every case ”.

Commencement Information

I31 Sch. para. 31 in force at 6.4.2022 by S.I. 2022/283, reg. 2

32 U.K. After section 52 insert—

“52A Interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders

(1) In sections 21(2), 23(1) and (5), 24(1) and (3), 24A(3), 24B(1) and (2), 24E(1) and (2), 25A(1) and (3), 28(1) to (2) and 31—

(a) a reference to a divorce order includes a decree of divorce,

(b) a reference to a nullity of marriage order includes a decree of nullity of marriage;

(c) a reference to a judicial separation order includes a decree of judicial separation;

(d) a reference to making includes granting;

(e) a reference to an order being made final includes a decree being made absolute.”

Commencement Information

I32 Sch. para. 32 in force at 6.4.2022 by S.I. 2022/283, reg. 2

33 U.K. In Schedule 1 (transitional provisions and savings)—

(a) omit paragraph 8;

(b) in paragraph 11(3A), for “grant a decree of nullity” substitute “ make a nullity of marriage order ”;

(c) in paragraph 11(4), for “a decree of nullity has not been granted” substitute “ no decree of nullity or nullity of marriage order has been made ”.

Commencement Information

I33 Sch. para. 33 in force at 6.4.2022 by S.I. 2022/283, reg. 2

PART 2 U.K. Amendments to the Civil Partnership Act 2004

34 U.K. The Civil Partnership Act 2004 is amended as follows.

Commencement Information

I34 Sch. para. 34 in force at 6.4.2022 by S.I. 2022/283, reg. 2

35 U.K. In section 40 (proceedings before order has been made final), in subsection (4)—

(a) in paragraph (a), for “section 37(2)” substitute “ sections 37A(1) and 38(A1) ”;

(b) in paragraph (b) omit “in separation cases”.

Commencement Information

I35 Sch. para. 35 in force at 6.4.2022 by S.I. 2022/283, reg. 2

36 U.K. In section 41 (time bar on applications for dissolution orders), omit subsection (2).

Commencement Information

I36 Sch. para. 36 in force at 6.4.2022 by S.I. 2022/283, reg. 2

37 U.K. In section 42 (attempts at reconciliation of civil partners), in subsection (2), in the words before paragraph (a), for “the applicant to certify whether he” substitute “ an applicant to certify whether the representative ”.

Commencement Information

I37 Sch. para. 37 in force at 6.4.2022 by S.I. 2022/283, reg. 2

38 U.K. Omit section 45 (supplemental provisions as to facts raising presumption of breakdown).

Commencement Information

I38 Sch. para. 38 in force at 6.4.2022 by S.I. 2022/283, reg. 2

39 U.K. Omit section 46 (dissolution order not precluded by previous separation order etc).

Commencement Information

I39 Sch. para. 39 in force at 6.4.2022 by S.I. 2022/283, reg. 2

40 U.K. Omit section 47 (refusal of dissolution in 5 year separation cases on ground of grave hardship).

Commencement Information

I40 Sch. para. 40 in force at 6.4.2022 by S.I. 2022/283, reg. 2

41 U.K. In section 48 (proceedings before order made final: protection for respondent in separation cases)—

(a) in the heading omit “in separation cases”;

(b) omit subsection (1);

(c) for subsection (2) substitute—

“(2) Subsections (3) to (5) apply if—

(a) on an application for a dissolution order a conditional order has been made and—

(i) the conditional order is in favour of one civil partner only, or

(ii) the conditional order is in favour of both civil partners but one of them has since withdrawn from the application, and

(b) the respondent has applied to the court for consideration under subsection (3) of their financial position after the dissolution of the civil partnership.”

Commencement Information

I41 Sch. para. 41 in force at 6.4.2022 by S.I. 2022/283, reg. 2

42 U.K. Omit section 62 (relief for respondent in dissolution proceedings).

Commencement Information

I42 Sch. para. 42 in force at 6.4.2022 by S.I. 2022/283, reg. 2

PART 3 U.K. Amendments to other Acts

43 U.K. In section 18A of the Wills Act 1837 (effect of dissolution or annulment of marriage on wills), in subsection (1), in the words before paragraph (a) omit “a decree of”.

Commencement Information

I43 Sch. para. 43 in force at 6.4.2022 by S.I. 2022/283, reg. 2

44 (1) The Inheritance (Provision for Family and Dependants) Act 1975 is amended as follows. U.K.

(2) In section 1 (application for financial provision from deceased's estate), in subsection (2)(a)—

(a) for “decree of judicial separation” substitute “ judicial separation order ”;

(b) for “the decree” substitute “ the order ”.

(3) In section 3 (matters to which court is to have regard in exercising powers under section 2), in subsection (2), in the words after paragraph (b)—

(a) for “decree of judicial separation” substitute “ judicial separation order ”;

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

(4) In section 14 (provision as to cases where no financial relief was granted in divorce proceedings etc)—

(a) in subsection (1)—

(i) in the words before paragraph (a), for the words from “decree of divorce” to “granted,” substitute “ divorce order or nullity of marriage order has been made final or a judicial separation order has been made, ”;

(ii) in the words after paragraph (b), for the words from “decree of divorce” to “granted,” substitute “ divorce order or nullity of marriage order had not been made final or the judicial separation order had not been made, ”;

(b) in subsection (2)—

(i) for “decree of judicial separation” substitute “ judicial separation order ”;

(ii) for “the decree” substitute “ the order ”.

(5) In section 15 (restriction imposed in divorce proceedings etc)—

(a) in subsection (1), for the words from “grant” to “separation” substitute “ making of a divorce, nullity of marriage or judicial separation order ”;

(b) In subsection (2)—

(i) for “decree of divorce or nullity of marriage” substitute “ divorce or nullity of marriage order ”;

(ii) for the words from “after” to the end substitute “ after the divorce or nullity of marriage order is made final, but if it is made before that order is made final it shall not take effect unless that order is made final ”;

(c) in subsection (3), for “grant of a decree of divorce or nullity of marriage” substitute “ making of a divorce or nullity of marriage order ”;

(d) in subsection (4)—

(i) for “grant of a decree of judicial separation” substitute “ making of a judicial separation order ”;

(ii) for “decree is” substitute “ order is ”.

(6) In section 19 (effect, duration and form of orders), in subsection (2)(b)—

(a) for “decree of judicial separation” substitute “ judicial separation order ”;

(b) for “the decree” substitute “ the order ”.

(7) In section 25 (interpretation)—

(a) in subsection (1), in the definition of “former spouse”, in paragraph (a), for the words from “decree” to “granted” substitute “ divorce order or nullity of marriage order made, or a decree of divorce or of nullity of marriage granted, ”;

(b) after subsection (5A) insert—

“(5B) In sections 1(2), 3(2), 14, 15 and 19(2)—

(a) a reference to a divorce order includes a decree of divorce,

(b) a reference to a nullity of marriage order includes a decree of nullity of marriage;

(c) a reference to a judicial separation order includes a decree of judicial separation;

(d) a reference to making includes granting;

(e) a reference to an order being made final includes a decree being made absolute.”

Commencement Information

I44 Sch. para. 44 in force at 6.4.2022 by S.I. 2022/283, reg. 2

45 U.K. In the Legitimacy Act 1976, in section 10 (interpretation), in subsection (1), in the definition of “void marriage”, after “jurisdiction” insert “ to make a nullity of marriage order or ”.

Commencement Information

I45 Sch. para. 45 in force at 6.4.2022 by S.I. 2022/283, reg. 2

46 U.K. In section 18 of the Senior Courts Act 1981 (restrictions on appeals to Court of Appeal), after paragraph (d) insert—

“(da) from a divorce order or nullity of marriage order that has been made final, by a party who, having had time and opportunity to appeal from the conditional order on which that final order was founded, has not appealed from the conditional order;”.

Commencement Information

I46 Sch. para. 46 in force at 6.4.2022 by S.I. 2022/283, reg. 2

47 U.K. In the Civil Jurisdiction and Judgments Act 1982, in section 18 (enforcement of UK judgments in other parts of UK), in subsection (6)(a), at the beginning insert “ a judicial separation order or ”.

Commencement Information

I47 Sch. para. 47 in force at 6.4.2022 by S.I. 2022/283, reg. 2

48 (1) The Matrimonial and Family Proceedings Act 1984 is amended as follows. U.K.

(2) In section 17 (orders for financial provision and property adjustment), in subsection (1)(a), for the words from “decree of divorce” to “granted” substitute “ divorce order, nullity of marriage order or judicial separation order in respect of the marriage had been made ”.

(3) In section 22 (powers of court in relation to certain tenancies of dwelling-houses), in subsection (2), for the words from “decree of divorce” to “granted” substitute “ divorce order, nullity of marriage order or judicial separation order had been made ”.

Commencement Information

I48 Sch. para. 48 in force at 6.4.2022 by S.I. 2022/283, reg. 2

49 U.K. In the Finance Act 1985, in section 83 (transfers in connection with divorce, dissolution of civil partnership etc), in subsection (1)—

(a) in paragraph (a), for the words from “a decree” to “separation,” substitute “ an order or decree for their divorce, the annulment of the marriage or their judicial separation, ”;

(b) in paragraph (b), for “a decree,” substitute “ an order or decree for divorce, annulment or judicial separation as is mentioned in paragraph (a), ”.

Commencement Information

I49 Sch. para. 49 in force at 6.4.2022 by S.I. 2022/283, reg. 2

50 U.K. In the Agricultural Holdings Act 1986, in Schedule 6 (eligibility to apply for new tenancy under Part 4 of the Act), in paragraph 1(3), for the words from “subject of” to the end substitute “subject of—

(a) a judicial separation order or decree of judicial separation, or

(b) a conditional divorce or nullity of marriage order or a decree nisi of divorce or of nullity of marriage.”

Commencement Information

I50 Sch. para. 50 in force at 6.4.2022 by S.I. 2022/283, reg. 2

51 (1) The Family Law Act 1986 is amended as follows. U.K.

(2) In section 2A (jurisdiction in or in connection with matrimonial proceedings or civil partnership proceedings), in subsection (2)(a), after “grant of a decree of judicial separation” insert “ or the making of a judicial separation order ”.

(3) In section 6 (duration and variation of Part 1 Orders), in subsection (3B)(c), for “decree of judicial separation has not yet been granted” substitute “ judicial separation order ”.

(4) In section 42 (general interpretation of Part 1), in subsection (2), for the words from “eighteen” to the end substitute “eighteen—

(a) in the case of proceedings for a decree of divorce, nullity or judicial separation, whether or not a decree has been granted and whether or not (in the case of a decree of divorce or nullity of marriage) that decree has been made absolute;

(b) in the case of proceedings for a divorce, nullity of marriage or judicial separation order, whether or not an order has been made and whether or not (in the case of a divorce or nullity of marriage order) that order has been made final.”

(5) In section 54 (interpretation of Part 2), in the definition of “annulment”, after “any” insert “ nullity of marriage order or ”.

(6) In section 58 (general provisions as to the making and effect of declarations), in subsection (6) for “grant a decree of nullity of marriage” substitute “ make a nullity of marriage order ”.

Commencement Information

I51 Sch. para. 51 in force at 6.4.2022 by S.I. 2022/283, reg. 2

52 U.K. In the Children Act 1989, in section 6 (guardians: revocation and disclaimer), in subsection (3A)(a) omit “a decree of”.

Commencement Information

I52 Sch. para. 52 in force at 6.4.2022 by S.I. 2022/283, reg. 2

53 U.K. In section 225B of the Taxation of Chargeable Gains Act 1992 (disposals in connection with divorce etc), in subsection (2)(b)(i)—

(a) for “an order or” substitute “ a divorce or nullity of marriage order, ”;

(b) after “marriage,” insert “ an order or decree ”;

(c) after “partnership, or” insert “ an order or decree ”.

Commencement Information

I53 Sch. para. 53 in force at 6.4.2022 by S.I. 2022/283, reg. 2

54 (1) Schedule 7 to the Family Law Act 1996 (transfer of certain tenancies on divorce etc or on separation of cohabitants) is amended as follows. U.K.

(2) In paragraph 2(2), for paragraph (a) substitute—

“(a) on making a divorce, nullity of marriage or judicial separation order or at any time after making such an order (whether, in the case of a divorce or nullity of marriage order, before or after the order is made final), or”.

(3) In paragraph 12(a)—

(a) for “decree of divorce or nullity has been granted,” substitute “ divorce or nullity of marriage order has been made, ”;

(b) for “decree is made absolute” substitute “ order is made final ”.

(4) In paragraph 13(1), for “grant of a decree” substitute “ making of an order ” and for “grant of that decree,” substitute “ making of that order, ”.

(5) After paragraph 13 insert—

“Inclusion of references to decrees in references to orders U.K.

13A In paragraphs 2 to 13—

(a) a reference to a divorce order includes a decree of divorce;

(b) a reference to a nullity of marriage order includes a decree of nullity of marriage;

(c) a reference to a judicial separation order includes a decree of judicial separation;

(d) a reference to making includes granting;

(e) a reference to an order being made final includes a decree being made absolute.”

Commencement Information

I54 Sch. para. 54 in force at 6.4.2022 by S.I. 2022/283, reg. 2

55 U.K. In the Finance Act 2003, in Schedule 3 (stamp duty land tax: transactions exempt from charge), in paragraph 3—

(a) in paragraph (a), for the words from “a decree” to “separation;” substitute “ an order or decree for their divorce, the annulment of the marriage or their judicial separation; ”;

(b) in paragraph (b), for “a decree;” substitute “ an order or decree for divorce, annulment or judicial separation as is mentioned in paragraph (a); ”.

Commencement Information

I55 Sch. para. 55 in force at 6.4.2022 by S.I. 2022/283, reg. 2

56 U.K. In section 5 of the Gender Recognition Act 2004 (issue of full certificates where applicant has been married), in subsection (1)—

(a) in paragraph (a), for “absolute a decree of nullity granted” substitute “ final a nullity of marriage order made ”;

(b) omit “or” at the end of that paragraph;

(c) after paragraph (a) insert—

“(aa) (in Northern Ireland) makes absolute a decree of nullity granted on that ground, or”.

Commencement Information

I56 Sch. para. 56 in force at 6.4.2022 by S.I. 2022/283, reg. 2

57 (1) Section 55D of the Income Tax Act 2007 (procedure for elections under section 55C) is amended as follows. U.K.

(2) In subsection (8)—

(a) for paragraph (a) and the “or” after it substitute—

“(a) in England and Wales, a divorce order which has been made final, a nullity of marriage order which has been made final, a judicial separation order or a corresponding decree,”;

(b) in paragraph (b), at the end insert “ or ”;

(c) after paragraph (b) insert—

“(c) in Northern Ireland, a decree absolute of divorce, a decree of nullity of marriage or a decree of judicial separation.”

(3) At the end insert—

“(12) In subsection (8) “corresponding decree” means any of the following—

• a decree absolute of divorce;

• a decree absolute of nullity of marriage;

• a decree of judicial separation.”

Commencement Information

I57 Sch. para. 57 in force at 6.4.2022 by S.I. 2022/283, reg. 2

58 U.K. In Schedule 1 to the Land and Buildings Transaction Tax (Scotland) Act 2013 (asp 11) (exempt transactions), in paragraph 4—

(a) in paragraph (a), for “a decree of divorce, nullity of marriage or” substitute “ an order or decree for the dissolution or annulment of the marriage or their ”;

(b) in paragraph (b), for “such a” substitute “ such an order or ”.

Commencement Information

I58 Sch. para. 58 in force at 6.4.2022 by S.I. 2022/283, reg. 2

59 (1) In Schedule 3 to the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) (transactions exempt from charge), paragraph 3 is amended as follows. U.K.

(2) In paragraph (a)—

(a) in the English language text, for “a decree of divorce, nullity of marriage or” substitute “ an order or decree for the dissolution or annulment of the marriage or their ”;

(b) in the Welsh language text, for “archddyfarniad ysgariad, dirymedd priodas” substitute “ gorchymyn neu archddyfarniad ar gyfer diddymiad neu ddirymiad y briodas ”.

(3) In paragraph (b)—

(a) in the English language text, for “such a” substitute “ such an order or ”;

(b) in the Welsh language text, before “archddyfarniad o'r fath” insert “ gorchymyn neu ”.

Commencement Information

I59 Sch. para. 59 in force at 6.4.2022 by S.I. 2022/283, reg. 2

60 U.K. In the Wills and Administration Proceedings (Northern Ireland) Order 1994 (S.I. 1994/1899 (N.I. 13)), in Article 13 (effect of dissolution or annulment of marriage), in paragraph (5)(a)—

(a) after “divorce” insert “ or divorce order, ”;

(b) for “granted” substitute “ or nullity of marriage order, granted or made ”.

Commencement Information

I60 Sch. para. 60 in force at 6.4.2022 by S.I. 2022/283, reg. 2