Effect of dissolution or annulment of marriage

4 Effect of dissolution or annulment of marriage on appointment of guardian.

1

In section 6 of the M1Children Act 1989 (revocation of appointment of guardian) the following subsection shall be inserted after subsection (3)—

3A

An appointment under section 5(3) or (4) (including one made in an unrevoked will or codicil) is revoked if the person appointed is the spouse of the person who made the appointment and either—

a

a decree of a court of civil jurisdiction in England and Wales dissolves or annuls the marriage, or

b

the marriage is dissolved or annulled and the divorce or annulment is entitled to recognition in England and Wales by virtue of Part II of the Family Law Act 1986,

unless a contrary intention appears by the appointment.

2

Subsection (1) above has effect as respects an appointment made by a person dying on or after 1st January 1996 (regardless of the date of the appointment and the date of the dissolution or annulment).