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Version Superseded: 28/09/2009
Point in time view as at 08/12/2008.
Family Law Act 1986 is up to date with all changes known to be in force on or before 22 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Section 68(1).
1S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
Textual Amendments
F22N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Sch. 1 para. 2 repealed (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(2), Sch. 10; S.R. 1996/297, art. 2(2)
3SIn section 6 of the Sheriff Courts (Scotland) Act 1907, after the words “Act 1973” there shall be inserted the words “and Chapter III of Part I of the Family Law Act 1986”.
4SIn section 8(1) of the Matrimonial Proceedings (Children) Act 1958—
(a)for the words from “custody” to “jurisdiction” there shall be substituted the words “custody the court has power”;
(b)at the end there shall be added the words “ In this subsection “child” does not include a child with respect to whom the court has made an order under section 13(6) or 14(2) of the Family Law Act 1986 ”.
5SIn section 9(1) of the said Act of 1958, for the words from “either forthwith” to “granted therein” there shall be substituted the words “, subject to section 13(2) of the Family Law Act 1986.”
6SIn section 10(1) of the said Act of 1958, for the words from “custody” to “jurisdiction” there shall be substituted the words “custody the court has power”.
7SIn section 11(1) of that Act, for the words from “custody” to “jurisdiction” there shall be substituted the words “custody the court has power”.
8SIn section 8(6) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1966, in the definition of “sheriff”—
(a)after the word “means” there shall be inserted the words—
“(a)in relation to an order under subsection (1)(a), (b) or (c) above or an order varying any such order”;
(b)at the end there shall be added the words—
“(b)in relation to an order mentioned in subsection (1)(d) above or an order varying any such order, the sheriff having jurisdiction under section 9, 10 or 12 of the Family Law Act 1986.”
9E+WIn section 2 of the Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (restriction of publicity for certain proceedings)—
(a)in subsection (1) paragraph (a) shall cease to have effect and there shall be inserted at the end the following paragraph—
“(d)proceedings under Part III of the Family Law Act 1986”;
(b)in subsection (3) for the words “subsection (1)(a)” there shall be substituted the words “subsection (1)(d)”.
F310E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Sch. 1 para. 10 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
F411E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 1 para. 11 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
12E+WIn section 17 of that Act subsection (2) shall cease to have effect.
F513E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Sch. 1 para. 13 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
14E+WIn section 47 of that Act (declarations in respect of polygamous marriages), for subsection (3) there shall be substituted the following subsection—
“(3)In this section “a declaration concerning the validity of a marriage” means any declaration under Part III of the Family Law Act 1986 involving a determination as to the validity of a marriage”.
15E+WIn section 50 of that Act (matrimonial causes rules)—
(a)in subsection (1) at the end of paragraph (a) there shall be inserted the words “and Part III of the Family Law Act 1986”;
(b)in subsection (2) in paragraph (a) for the words “38 or 45 above” there shall be substituted the words “or 38”, in paragraph (b) the words “proceedings in a county court under section 45 above or to” shall cease to have effect and in paragraph (c) the words “or to any aspect of section 47 above which is excepted by paragraph (b) above” shall cease to have effect.
F616E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6Sch. 1 para. 16 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
F717E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F7Sch. 1 para. 17 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
18SIn section 10(3) of that Act, for the words from “any sheriff” to “1886” there shall be substituted the words “the sheriff court”.
19E+WIn section 33(1) of the Children Act 1975 the words “if the child is in England or Wales at the time the application is made” shall cease to have effect.
F820E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F8Sch. 1 para. 20 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
21SIn proviso (ii) to section 3(5) of the Marriage (Scotland) Act 1977 (certificate as to capacity to marry)—
(a)after the word “above” there shall be inserted the word “(a)”; and
(b)at the end there shall be added the words “or (b) if no such certificate has been issued only by reason of the fact that the validity of a divorce or annulment granted by a court of civil jurisdiction in Scotland or entitled to recognition in Scotland under section 44 or 45 of the Family Law Act 1986 is not recognised in the state in which the certificate would otherwise have been issued.”
22SIn section 26(2) of the said Act of 1977 there shall be inserted in the appropriate alphabetical position the following definition—
“ “annulment” includes any decree or declarator of nullity of marriage, however expressed.”
F923E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F9Sch. 1 para. 23 repealed (14.l0.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
24E+WIn section 30(1) of the said Act of 1978, after the words “subject to” there shall be inserted the words “section 2 of the Family Law Act 1986 and”.
25E+WIn section 26(b) of the Supreme Court Act 1981 the words “or jactitation of marriage” shall cease to have effect.
26E+WIn paragraph 3 of Schedule 1 to that Act (business assigned to Family Division of the High Court) there shall be added at the end the following sub-paragraph—
“(e)applications under Part III of the Family Law Act 1986.”
27E+WIn section 32 of the Matrimonial and Family Proceedings Act 1984 (what is family business), in the definition of “matrimonial cause” for the words “judicial separation or jactitation of marriage” there shall be substituted the words “or judicial separation”.
28U.K.In section 9 of the Child Abduction and Custody Act 1985 (suspension of court’s powers in cases of wrongful removal), after paragraph (a) there shall be inserted the following paragraph—
“(aa)enforcing under section 29 of the Family Law Act 1986 a custody order within the meaning of Chapter V of Part I of that Act;”.
29U.K.In section 20(2) of the said Act of 1985 (suspension of court’s powers), after paragraph (a) there shall be inserted the following paragraph—
“(aa)in the case of proceedings under section 29 of the Family Law Act 1986 for the enforcement of a custody order within the meaning of Chapter V of Part I of that Act, enforce that order;”.
30U.K.In section 27(1) of the said Act of 1985 (interpretation), in the definition of “custody order” after the word “means” there shall be inserted the words “(unless the contrary intention appears)”.
31U.K.In paragraph 5 of Schedule 3 of the said Act of 1985 (custody orders in Scotland), after sub-paragraph (ii) there shall be inserted the following sub-paragraph—
“(iia)an order freeing a child for adoption made under section 18 of the Adoption (Scotland) Act 1978”
F1032N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F10Sch. 1 para. 32 repealed (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(2), Sch. 10; S.R. 1996/297, art. 2(2)
F1133N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F11Sch. 1 para. 33 repealed (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(2), Sch. 10; S.R. 1996/297 art. 2(2)
34N.I.In Article 32(1) of that Order, for the words “Without prejudice” there shall be substituted the words “Subject to section 19 of the Family Law Act 1986 and without prejudice”.
Section 68(2).
Chapter | Short title | Extent of repeal |
---|---|---|
31 & 32 Vict. c. 20. | The Legitimacy Declaration Act (Ireland) 1868. | Section 2. |
47 & 48 Vict. c. 20. | The Greek Marriages Act 1884. | The whole Act. |
49 & 50 Vict. c. 27. | The Guardianship of Infants Act 1886. | In section 9, the words from “court within” to “reside”. |
16 & 17 Geo.5. c. 40. | Indian and Colonial Divorce Jurisdiction Act 1926. | The whole Act. |
3 & 4 Geo. 6. c. 35. | Indian and Colonial Divorce Jurisdiction Act 1940. | The whole Act. |
7 & 8 Geo. 6. c. 43. | Matrimonial Causes (War Marriages) Act 1944. | The whole Act. |
10 & 11 Geo. 6. c. 30. | Indian Independence Act 1947. | Section 17. |
11 & 12 Geo. 6. c. 3. | Burma Independence Act 1947. | Section 4(3). |
11 & 12 Geo. 6. c. 7. | Ceylon Independence Act 1947. | Section 3. |
In Schedule 2, paragraph 9. | ||
14 Geo. 6. c. 20. | Colonial and Other Territories (Divorce Jurisdiction) Act 1950. | The whole Act. |
14 Geo. 6. c. 37. | The Maintenance Orders Act 1950. | Section 7. |
6 & 7 Eliz. 2. c. 40. | The Matrimonial Proceedings (Children) Act 1958. | Section 13. |
8 & 9 Eliz. 2. c. 52. | Cyprus Act 1960. | In the Schedule, paragraph 14. |
8 & 9 Eliz. 2. c. 55. | Nigeria Independence Act 1960. | In Schedule 2, paragraph 14. |
9 & 10 Eliz. 2. c. 16. | Sierra Leone Independence Act 1961. | In Schedule 3, paragraph 15. |
10 & 11 Eliz. 2. c. 1. | Tanganyika Independence Act 1961. | In Schedule 2, paragraph 15. |
10 & 11 Eliz. 2. c. 23. | South Africa Act 1962. | In Schedule 3, paragraph 9. |
10 & 11 Eliz. 2. c. 40. | Jamaica Independence Act 1962. | In Schedule 2, paragraph 14. |
10 & 11 Eliz. 2. c. 54. | Trinidad and Tobago Independence Act 1962. | In Schedule 2, paragraph 14. |
10 & 11 Eliz. 2. c. 57. | Uganda Independence Act 1962. | In Schedule 3, paragraph 13. |
1963 c. 54. | Kenya Independence Act 1963. | Section 7. |
1964 c. 46. | Malawi Independence Act 1964. | Section 6. |
1964 c. 65. | Zambia Independence Act 1964. | Section 7. |
1966 c. 19. | The Law Reform (Miscellaneous Provisions) (Scotland) Act 1966. | In section 8(2), the words “made in a consistorial action”. |
1966 c. 29. | Singapore Act 1966. | Section 2. |
1968 c. 63. | The Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968. | Section 2(1)(a). |
1969 c. 29. | Tanzania Act 1969. | Section 2. |
In section 4(3), the words “or the Divorce Jurisdiction Acts”. | ||
Section 7(1). | ||
1971 c. 3. | The Guardianship of Minors Act 1971. | Section 15(3) to (6). |
Section 17(2). | ||
1971 c. 53. | Recognition of Divorces and Legal Separations Act 1971. | The whole Act. |
1973 c. 18. | The Matrimonial Causes Act 1973. | Section 45. |
In section 50(2), in paragraph (b), the words “proceedings in a county court under section 45 above or to” and, in paragraph (c), the words “or to any aspect of section 47 above which is excepted by paragraph (b) above”. | ||
1973 c. 29. | The Guardianship Act 1973. | In section 1(6), the words from “except that” to the end. |
In section 2(1), the words “15”, “and section 15(3) to (6)” and “they are”. | ||
Section 5(3). | ||
In Schedule 2, in Part I, paragraph 3, and in Part II, the text of section 15(3) to (6) of the Guardianship of Minors Act 1971. | ||
1973 c. 45. | Domicile and Matrimonial Proceedings Act 1973. | Section 2. |
Sections 15 and 16. | ||
1973 c. 48. | The Pakistan Act 1973. | In section 4(5), the words from the beginning to “1940, and”. |
1975 c. 72. | The Children Act 1975. | In section 33(1), the words from “if” to the end. |
In section 53(1), the words from “but where” to the end. | ||
Section 54. | ||
In section 100(8), the words “or 42”. | ||
1981 c. 54. | The Supreme Court Act 1981. | In section 26(b), the words “or jactitation of marriage”. |
1984 c. 42. | The Matrimonial and Family Proceedings Act 1984. | In Schedule 1, paragraph 14. |
1985 c. 73. | The Law Reform (Miscellaneous Provisions) (Scotland) Act 1985. | Section 16. |
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