Part I Divorce, Nullity and Other Matrimonial Suits

Divorce

10F6Proceedings before divorce order made final: special protection for respondent.

F21

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F12

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the conditional order is in favour of both parties to a marriage but one of the parties has since withdrawn from the application, and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

4

The court may if it thinks fit makes the F3divorce order final notwithstanding the requirements of subsection (3) above if—

a

it appears that there are circumstances making it desirable that the F4order should be made final without delay, and

b

the court has obtained a satisfactory undertaking from the F5applicant that they will make such financial provision for the respondent as the court may approve.