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the conditional order is in favour of both parties to a marriage but one of the parties has since withdrawn from the application, and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