Family Law Act 1996

1996 c. 27

An Act to make provision with respect to: divorce and separation; legal aid in connection with mediation in disputes relating to family matters; proceedings in cases where marriages have broken down; rights of occupation of certain domestic premises; prevention of molestation; the inclusion in certain orders under the Children Act 1989 of provisions about the occupation of a dwelling-house; the transfer of tenancies between spouses and persons who have lived together as husband and wife; and for connected purposes.

[4th July 1996]

I1 C1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:

Commencement Information

Act partly in force at Royal Assent see s. 67.

Modifications etc. (not altering text)

Act modified (1.10.1997) by 1986 c. 45, s. 337(3) (as amended (1.10.1997) by 1996 c. 27, s. 66(1), Sch. 8 Pt. III para. 58(3) (with Sch. 9 paras. 8-10); S.I. 1997/1892, art. 3)

Part I Principles of Parts II and III

1 The general principles underlying Parts II and III.

The court and any person, in exercising functions under or in consequence of Parts II and III, shall have regard to the following general principles—

a

that the institution of marriage is to be supported;

b

that the parties to a marriage which may have broken down are to be encouraged to take all practicable steps, whether by marriage counselling or otherwise, to save the marriage;

c

that a marriage which has irretrievably broken down and is being brought to an end should be brought to an end—

i

with minimum distress to the parties and to the children affected;

ii

with questions dealt with in a manner designed to promote as good a continuing relationship between the parties and any children affected as is possible in the circumstances; and

iii

without costs being unreasonably incurred in connection with the procedures to be followed in bringing the marriage to an end; and

d

that any risk to one of the parties to a marriage, and to any children, of violence from the other party should, so far as reasonably practicable, be removed or diminished.

Part II Divorce and Separation

Court orders

F1922 Divorce and separation.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1923 Circumstances in which orders are made.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1924 Conversion of separation order into divorce order.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Marital breakdown

F1925 Marital breakdown.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1926 Statement of marital breakdown.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reflection and consideration

F1927 Period for reflection and consideration.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1928 Attendance at information meetings.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9 Arrangements for the future.

1

The requirements as to the parties’ arrangements for the future are as follows.

2

One of the following must be produced to the court—

a

a court order (made by consent or otherwise) dealing with their financial arrangements;

b

a negotiated agreement as to their financial arrangements;

c

a declaration by both parties that they have made their financial arrangements;

d

a declaration by one of the parties (to which no objection has been notified to the court by the other party) that—

i

he has no significant assets and does not intend to make an application for financial provision;

ii

he believes that the other party has no significant assets and does not intend to make an application for financial provision; and

iii

there are therefore no financial arrangements to be made.

3

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

The requirements of section 11 must have been satisfied.

6

Schedule 1 supplements the provisions of this section.

7

If the court is satisfied, on an application made by one of the parties after the end of the period for reflection and consideration, that the circumstances of the case are—

a

those set out in paragraph 1 of Schedule 1,

b

those set out in paragraph 2 of that Schedule,

c

those set out in paragraph 3 of that Schedule, or

d

those set out in paragraph 4 of that Schedule,

it may make a divorce order or a separation order even though the requirements of subsection (2) have not been satisfied.

F28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Orders preventing divorce

F19210 Hardship: orders preventing divorce.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Welfare of children

F19211 Welfare of children.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary

F19212Rules about procedure

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Resolution of disputes

F19213 Directions with respect to mediation.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19214 Adjournments.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Financial provision

F19215 Financial arrangements.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F316. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F417. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19218 Grounds for financial provision orders in magistrates’ courts.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Jurisdiction and commencement of proceedings

F19219 Jurisdiction in relation to divorce and separation.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19220 Time when proceedings for divorce or separation begin.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Intestacy

F19221 Intestacy: effect of separation.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Marriage support services

C222 Funding for marriage support services.

1

The F5Secretary of State may, with the approval of the Treasury, make grants in connection with—

a

the provision of marriage support services;

b

research into the causes of marital breakdown;

c

research into ways of preventing marital breakdown.

2

Any grant under this section may be made subject to such conditions as the F5Secretary of State considers appropriate.

3

In exercising his power to make grants in connection with the provision of marriage support services, the F5Secretary of State is to have regard, in particular, to the desirability of services of that kind being available when they are first needed.

F19223 Provision of marriage counselling.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

F19224 Interpretation of Part II etc.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19225 Connected proceedings.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6Part III Legal Aid for Mediation in Family Matters

Annotations:

Amendments (Textual)

Pt. III (ss. 26-29) repealed (1.4.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. I (with Sch. 14 para. 7(2), 36(9)); S.I. 2000/774, art. 2(c), Sch.

26 Legal aid for mediation in family matters.

1

In the M59Legal Aid Act 1988 insert, after section 13—

Part IIIA Mediation
13A Scope of this Part.
1
This Part applies to mediation in disputes relating to family matters.
2
“Family matters” means matters which are governed by English law and in relation to which any question has arisen, or may arise—
a
under any provision of—
i
the 1973 Act;
ii
the M60Domestic Proceedings and Magistrates’ Courts Act 1978;
iii
Parts I to V of the M61Children Act 1989;
iv
Parts II and IV of the Family Law Act 1996; or
v
any other enactment prescribed;
b
under any prescribed jurisdiction of a prescribed court or tribunal; or
c
under any prescribed rule of law.
3
Regulations may restrict this Part to mediation in disputes of any prescribed description.
4
The power to—
a
make regulations under subsection (2), or
b
revoke any regulations made under subsection (3),
is exercisable only with the consent of the Treasury.

2

In section 2 of the 1988 Act, after subsection (3), insert—

3A
“Mediation” means mediation to which Part IIIA of this Act applies; and includes steps taken by a mediator in any case—
a
in determining whether to embark on mediation;
b
in preparing for mediation; and
c
in making any assessment under that Part.

3

In section 43 of the 1988 Act, after the definition of “legal representative” insert—

“mediator” means a person with whom the Board contracts for the provision of mediation by any person.

27 Provision and availability of mediation.

After section 13A of the 1988 Act, insert—

13B Provision and availability of mediation.
1
The Board may secure the provision of mediation under this Part.
2
If mediation is provided under this Part, it is to be available to any person whose financial resources are such as, under regulations, make him eligible for mediation.
3
A person is not to be granted mediation in relation to any dispute unless mediation appears to the mediator suitable to the dispute and the parties and all the circumstances.
4
A grant of mediation under this Part may be amended, withdrawn or revoked.
5
The power conferred by subsection (1) shall be exercised in accordance with any directions given by the Lord Chancellor.
6
Any contract entered into by the Board for the provision of mediation under this Part must require the mediator to comply with a code of practice.
7
The code must require the mediator to have arrangements designed to ensure—
a
that parties participate in mediation only if willing and not influenced by fear of violence or other harm;
b
that cases where either party may be influenced by fear of violence or other harm are identified as soon as possible;
c
that the possibility of reconciliation is kept under review throughout mediation; and
d
that each party is informed about the availability of independent legal advice.
8
Where there are one or more children of the family, the code must also require the mediator to have arrangements designed to ensure that the parties are encouraged to consider—
a
the welfare, wishes and feelings of each child; and
b
whether and to what extent each child should be given the opportunity to express his or her wishes and feelings in the mediation.
9
A contract entered into by the Board for the provision of mediation under this Part must also include such other provision as the Lord Chancellor may direct the Board to include.
10
Directions under this section may apply generally to contracts, or to contracts of any description, entered into by the Board, but shall not be made with respect to any particular contract.

28 Payment for mediation.

1

After section 13B of the 1988 Act, insert—

13C Payment for mediation under this Part.
1
Except as provided by this section, the legally assisted person is not to be required to pay for mediation provided under this Part.
2
Subsection (3) applies if the financial resources of a legally assisted person are such as, under regulations, make him liable to make a contribution.
3
The legally assisted person is to pay to the Board in respect of the costs of providing the mediation, a contribution of such amount as is determined or fixed by or under the regulations.
4
If the total contribution made by a person in respect of any mediation exceeds the Board’s liability on his account, the excess shall be repaid to him.
5
Regulations may provide that, where—
a
mediation under this Part is made available to a legally assisted person, and
b
property is recovered or preserved for the legally assisted person as a result of the mediation,
a sum equal to the Board’s liability on the legally assisted person’s account is, except so far as the regulations otherwise provide, to be a first charge on the property in favour of the Board.
6
Regulations under subsection (5) may, in particular, make provision—
a
as to circumstances in which property is to be taken to have been, or not to have been, recovered or preserved; and
b
as to circumstances in which the recovery or preservation of property is to be taken to be, or not to be, the result of any mediation.
7
For the purposes of subsection (5), the nature of the property and where it is situated is immaterial.
8
The power to make regulations under section 34(2)(f) and (8) is exercisable in relation to any charge created under subsection (5) as it is exercisable in relation to the charge created by section 16.
9
For the purposes of subsections (4) and (5), the Board’s liability on any person’s account in relation to any mediation is the aggregate amount of—
a
the sums paid or payable by the Board on his account for the mediation, determined in accordance with subsection (10);
b
any sums paid or payable in respect of its net liability on his account, determined in accordance with subsection (11) and the regulations—
i
in respect of any proceedings, and
ii
for any advice or assistance under Part III in connection with the proceedings or any matter to which the proceedings relate,
so far as the proceedings relate to any matter to which the mediation relates; and
c
any sums paid or payable in respect of its net liability on his account, determined in accordance with the regulations, for any other advice or assistance under Part III in connection with the mediation or any matter to which the mediation relates.
10
For the purposes of subsection (9)(a), the sums paid or payable by the Board on any person’s account for any mediation are—
a
sums determined under the contract between the Board and the mediator as payable by the Board on that person’s account for the mediation; or
b
if the contract does not differentiate between such sums and sums payable on any other person’s account or for any other mediation, such part of the remuneration payable under the contract as may be specified in writing by the Board.
11
For the purposes of subsection (9)(b), the Board’s net liability on any person’s account in relation to any proceedings is its net liability on his account under section 16(9)(a) and (b) in relation to the proceedings.

2

In section 16(9), after paragraph (b) insert

and
c
if and to the extent that regulations so provide, any sums paid or payable in respect of the Board’s liability on the legally assisted person’s account in relation to any mediation in connection with any matter to which those proceedings relate.

3

At the end of section 16, insert—

11
For the purposes of subsection (9)(c) above, the Board’s liability on any person’s account in relation to any mediation is its liability on his account under section 13C(9)(a) and (c) above in relation to the mediation.

29 Mediation and civil legal aid.

In section 15 of the 1988 Act, after subsection (3E) insert—

3F
A person shall not be granted representation for the purposes of proceedings relating to family matters, unless he has attended a meeting with a mediator—
a
to determine—
i
whether mediation appears suitable to the dispute and the parties and all the circumstances, and
ii
in particular, whether mediation could take place without either party being influenced by fear of violence or other harm; and
b
if mediation does appear suitable, to help the person applying for representation to decide whether instead to apply for mediation.
3G
Subsection (3F) does not apply—
a
in relation to proceedings under—
i
Part IV of the Family Law Act 1996;
ii
section 37 of the M62Matrimonial Causes Act 1973;
iii
Part IV or V of the M63Children Act 1989;
b
in relation to proceedings of any other description that may be prescribed; or
c
in such circumstances as may be prescribed.
3H
So far as proceedings relate to family matters, the Board, in determining under subsection (3)(a) whether, in relation to the proceedings, it is reasonable that a person should be granted representation under this Part—
a
must have regard to whether and to what extent recourse to mediation would be a suitable alternative to taking the proceedings; and
b
must for that purpose have regard to the outcome of the meeting held under subsection (3F) and to any assessment made for the purposes of section 13B(3).

C8Part IV Family Homes and Domestic Violence

Annotations:

Modifications etc. (not altering text)

Pt. 4 modified (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 25(2); S.I. 2005/3175, art. 2(1), Sch. 1

Rights to occupy matrimonial F55or civil partnership home

Annotations:

Amendments (Textual)

F55

Words in cross-heading preceding s. 30 substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 1(1)(11); S.I. 2005/3175, art. 2(1), Sch. 1

makes any payment in or towards satisfaction of any liability of F22A in respect of mortgage payments affecting the dwelling-house,

the person to whom the payment is made may treat it as having been made by F23A, but the fact that that person has treated any such payment as having been so made does not affect any claim of F24B against A to an interest in the dwelling-house by virtue of the payment.

6

If F25B is entitled under this section to occupy a dwelling-house or part of a dwelling-house by reason of an interest of F26A under a trust, all the provisions of subsections (3) to (5) apply in relation to the trustees as they apply in relation to F26A.

7

This section does not apply to a dwelling-house F27 which—

a

the death of F44A, or

b

the termination (otherwise than by death) of the marriage F45or civil partnership,

unless the court directs otherwise by an order made under section 33(5).

9

If—

a

F46B’s home rights are a charge on an estate or interest in the dwelling-house, and

b

that estate or interest is surrendered to merge in some other estate or interest expectant on it in such circumstances that, but for the merger, the person taking the estate or interest would be bound by the charge,

the surrender has effect subject to the charge and the persons thereafter entitled to the other estate or interest are, for so long as the estate or interest surrendered would have endured if not so surrendered, to be treated for all purposes of this Part as deriving title to the other estate or interest under F47A or, as the case may be, under the trustees for F47A, by virtue of the surrender.

C310

If the title to the legal estate by virtue of which F48A is entitled to occupy a dwelling-house (including any legal estate held by trustees for F48A) is registered under the F49Land Registration Act 2002 or any enactment replaced by that Act—

a

registration of a land charge affecting the dwelling-house by virtue of this Part is to be effected by registering a notice under that Act; and

F50b

F51B’s home rights are not to be capable of falling within paragraph 2 of Schedule 1 or 3 to that Act.

11

F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

If—

F53a

B’s home rights are a charge on the estate of A or of trustees of A, and

b

that estate is the subject of a mortgage,

then if, after the date of the creation of the mortgage ( “the first mortgage”), the charge is registered under section 2 of the M5Land Charges Act 1972, the charge is, for the purposes of section 94 of the M6Law of Property Act 1925 (which regulates the rights of mortgagees to make further advances ranking in priority to subsequent mortgages), to be deemed to be a mortgage subsequent in date to the first mortgage.

13

It is hereby declared that a charge under subsection (2) or (5) is not registrable under subsection (10) or under section 2 of the Land Charges Act 1972 unless it is a charge on a legal estate.

F5432 Further provisions relating to home rights.

Schedule 4 (provisions supplementary to sections 30 and 31) has effect.

Occupation orders

33 Occupation orders where applicant has estate or interest etc. or has F56home rights.

1

If—

a

a person ( “the person entitled”)—

i

is entitled to occupy a dwelling-house by virtue of a beneficial estate or interest or contract or by virtue of any enactment giving him the right to remain in occupation, or

ii

has F57home rights in relation to a dwelling-house, and

b

the dwelling-house—

i

is or at any time has been the home of the person entitled and of another person with whom he is associated, or

ii

a

may not be made after the death of either of the parties mentioned in subsection (1); and

b

except in the case of an order made by virtue of subsection (5)(a), ceases to have effect on the death of either party.

10

An order under this section may, in so far as it has continuing effect, be made for a specified period, until the occurrence of a specified event or until further order.

34 Effect of order under s. 33 where rights are charge on dwelling-house.

1

If F67B’s home rights are a charge on the estate or interest of F68A or of trustees for F68A—

a

an order under section 33 against F68A has, except so far as a contrary intention appears, the same effect against persons deriving title under F68A or under the trustees and affected by the charge, and

b

sections 33(1), (3), (4) and (10) and 30(3) to (6) apply in relation to any person deriving title under F68A or under the trustees and affected by the charge as they apply in relation to F68A.

2

The court may make an order under section 33 by virtue of subsection (1)(b) if it considers that in all the circumstances it is just and reasonable to do so.

as if he were B (the person entitled to occupy the dwelling-house by virtue of that section); and

b

as if the respondent were A (the person entitled as mentioned in subsection (1)(a) of that section).

require the respondent to leave the dwelling-house or part of the dwelling-house; or

d

exclude the respondent from a defined area in which the dwelling-house is included.

as if he were B (the person entitled to occupy the dwelling-house by virtue of that section); and

b

as if the respondent were A (the person entitled as mentioned in subsection (1)(a) of that section).

require the respondent to leave the dwelling-house or part of the dwelling-house; or

d

exclude the respondent from a defined area in which the dwelling-house is included.

4

Subsections (6) and (7) of section 33 apply to the exercise by the court of its powers under this section as they apply to the exercise by the court of its powers under subsection (3) of that section.

6

An order under this section shall be limited so as to have effect for a specified period not exceeding six months, but may be extended on one occasion for a further specified period not exceeding six months.

39 Supplementary provisions.

1

In this Part an “occupation order” means an order under section 33, 35, 36, 37 or 38.

2

An application for an occupation order may be made in other family proceedings or without any other family proceedings being instituted.

3

If—

a

an application for an occupation order is made under section 33, 35, 36, 37 or 38, and

b

the court considers that it has no power to make the order under the section concerned, but that it has power to make an order under one of the other sections,

the court may make an order under that other section.

4

The fact that a person has applied for an occupation order under sections 35 to 38, or that an occupation order has been made, does not affect the right of any person to claim a legal or equitable interest in any property in any subsequent proceedings (including subsequent proceedings under this Part).

40 Additional provisions that may be included in certain occupation orders.

3

In subsection (2) “family proceedings” includes proceedings in which the court has made an emergency protection order under section 44 of the M10Children Act 1989 which includes an exclusion requirement (as defined in section 44A(3) of that Act).

4

Where an agreement to marry is terminated, no application under subsection (2)(a) may be made by virtue of section 62(3)(e) by reference to that agreement after the end of the period of three years beginning with the day on which it is terminated.

F894ZA

5

In deciding whether to exercise its powers under this section and, if so, in what manner, the court shall have regard to all the circumstances including the need to secure the health, safety and well-being—

a

of the applicant or, in a case falling within subsection (2)(b), the person for whose benefit the order would be made; and

b

of any relevant child.

6

A non-molestation order may be expressed so as to refer to molestation in general, to particular acts of molestation, or to both.

7

A non-molestation order may be made for a specified period or until further order.

8

A non-molestation order which is made in other family proceedings ceases to have effect if those proceedings are withdrawn or dismissed.

42AF90Offence of breaching non-molestation order

1

A person who without reasonable excuse does anything that he is prohibited from doing by a non-molestation order is guilty of an offence.

2

In the case of a non-molestation order made by virtue of section 45(1), a person can be guilty of an offence under this section only in respect of conduct engaged in at a time when he was aware of the existence of the order.

3

Where a person is convicted of an offence under this section in respect of any conduct, that conduct is not punishable as a contempt of court.

4

A person cannot be convicted of an offence under this section in respect of any conduct which has been punished as a contempt of court.

5

A person guilty of an offence under this section is liable—

a

on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both;

b

on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both.

6

A reference in any enactment to proceedings under this Part, or to an order under this Part, does not include a reference to proceedings for an offence under this section or to an order made in such proceedings.

“Enactment” includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978 (c. 30).

Further provisions relating to occupation and non-molestation orders

43 Leave of court required for applications by children under sixteen.

1

A child under the age of sixteen may not apply for an occupation order or a non-molestation order except with the leave of the court.

2

The court may grant leave for the purposes of subsection (1) only if it is satisfied that the child has sufficient understanding to make the proposed application for the occupation order or non-molestation order.

44 Evidence of agreement to marry F91or form a civil partnership.

1

Subject to subsection (2), the court shall not make an order under section 33 or 42 by virtue of section 62(3)(e) unless there is produced to it evidence in writing of the existence of the agreement to marry.

2

Subsection (1) does not apply if the court is satisfied that the agreement to marry was evidenced by—

a

the gift of an engagement ring by one party to the agreement to the other in contemplation of their marriage, or

b

a ceremony entered into by the parties in the presence of one or more other persons assembled for the purpose of witnessing the ceremony.

F923

Subject to subsection (4), the court shall not make an order under section 33 or 42 by virtue of section 62(3)(eza) unless there is produced to it evidence in writing of the existence of the civil partnership agreement (as defined by section 73 of the Civil Partnership Act 2004).

4

Subsection (3) does not apply if the court is satisfied that the civil partnership agreement was evidenced by—

a

a gift by one party to the agreement to the other as a token of the agreement, or

b

a ceremony entered into by the parties in the presence of one or more other persons assembled for the purpose of witnessing the ceremony.

45 Ex parte orders.

1

The court may, in any case where it considers that it is just and convenient to do so, make an occupation order or a non-molestation order even though the respondent has not been given such notice of the proceedings as would otherwise be required by rules of court.

2

In determining whether to exercise its powers under subsection (1), the court shall have regard to all the circumstances including—

a

any risk of significant harm to the applicant or a relevant child, attributable to conduct of the respondent, if the order is not made immediately;

b

whether it is likely that the applicant will be deterred or prevented from pursuing the application if an order is not made immediately; and

c

whether there is reason to believe that the respondent is aware of the proceedings but is deliberately evading service and that the applicant or a relevant child will be seriously prejudiced by the delay involved—

i

where the court is a magistrates’ court, in effecting service of proceedings; or

ii

in any other case, in effecting substituted service.

3

If the court makes an order by virtue of subsection (1) it must afford the respondent an opportunity to make representations relating to the order as soon as just and convenient at a full hearing.

4

If, at a full hearing, the court makes an occupation order ( “the full order”), then—

a

for the purposes of calculating the maximum period for which the full order may be made to have effect, the relevant section is to apply as if the period for which the full order will have effect began on the date on which the initial order first had effect; and

b

the provisions of section 36(10) or 38(6) as to the extension of orders are to apply as if the full order and the initial order were a single order.

5

In this section—

“full hearing” means a hearing of which notice has been given to all the parties in accordance with rules of court;
“initial order” means an occupation order made by virtue of subsection (1); and
“relevant section” means section 33(10), 35(10), 36(10), 37(5) or 38(6).

46 Undertakings.

1

In any case where the court has power to make an occupation order or non-molestation order, the court may accept an undertaking from any party to the proceedings.

2

No power of arrest may be attached to any undertaking given under subsection (1).

3

The court shall not accept an undertaking under subsection (1) in any case where apart from this section a power of arrest would be attached to the order.

4

An undertaking given to a court under subsection (1) is enforceable as if it were an order of the court.

5

This section has effect without prejudice to the powers of the High Court and the county court apart from this section.

47 Arrest for breach of order.

1

In this section “a relevant order” means an occupation order or a non-molestation order.

2

If—

a

the court makes a relevant order; and

b

it appears to the court that the respondent has used or threatened violence against the applicant or a relevant child,

it shall attach a power of arrest to one or more provisions of the order unless satisfied that in all the circumstances of the case the applicant or child will be adequately protected without such a power of arrest.

3

Subsection (2) does not apply in any case where the relevant order is made by virtue of section 45(1), but in such a case the court may attach a power of arrest to one or more provisions of the order if it appears to it—

a

that the respondent has used or threatened violence against the applicant or a relevant child; and

b

that there is a risk of significant harm to the applicant or child, attributable to conduct of the respondent, if the power of arrest is not attached to those provisions immediately.

4

If, by virtue of subsection (3), the court attaches a power of arrest to any provisions of a relevant order, it may provide that the power of arrest is to have effect for a shorter period than the other provisions of the order.

5

Any period specified for the purposes of subsection (4) may be extended by the court (on one or more occasions) on an application to vary or discharge the relevant order.

the relevant judicial authority has reasonable grounds for believing that the respondent has failed to comply with the order.

10

If a person is brought before a court by virtue of a warrant issued under subsection (9) and the court does not dispose of the matter forthwith, the court may remand him.

C511

Schedule 5 (which makes provision corresponding to that applying in magistrates’ courts in civil cases under sections 128 and 129 of the M11Magistrates’ Courts Act 1980) has effect in relation to the powers of the High Court and a county court to remand a person by virtue of this section.

C612

If a person remanded under this section is granted bail (whether in the High Court or a county court under Schedule 5 or in a magistrates’ court under section 128 or 129 of the Magistrates’ Courts Act 1980), he may be required by the relevant judicial authority to comply, before release on bail or later, with such requirements as appear to that authority to be necessary to secure that he does not interfere with witnesses or otherwise obstruct the course of justice.

2

In subsection (1) “a relevant requirement” has the meaning given by section 50(2).

Interim care orders and emergency protection orders

52 Amendments of Children Act 1989.

Schedule 6 makes amendments of the provisions of the Children Act 1989 relating to interim care orders and emergency protection orders.

Transfer of tenancies

53 Transfer of certain tenancies.

Schedule 7 makes provision in relation to the transfer of certain tenancies on divorce etc. or on separation of cohabitants.

Dwelling-house subject to mortgage

54 Dwelling-house subject to mortgage.

1

In determining for the purposes of this Part whether a person is entitled to occupy a dwelling-house by virtue of an estate or interest, any right to possession of the dwelling-house conferred on a mortgagee of the dwelling-house under or by virtue of his mortgage is to be disregarded.

2

Subsection (1) applies whether or not the mortgagee is in possession.

3

Where a person ( “A”) is entitled to occupy a dwelling-house by virtue of an estate or interest, a connected person does not by virtue of—

a

any F95home rights conferred by section 30, or

b

any rights conferred by an order under section 35 or 36,

have any larger right against the mortgagee to occupy the dwelling-house than A has by virtue of his estate or interest and of any contract with the mortgagee.

4

Subsection (3) does not apply, in the case of F95home rights, if under section 31 those rights are a charge, affecting the mortgagee, on the estate or interest mortgaged.

5

In this section “connected person”, in relation to any person, means that person’s spouse, former spouse F96, civil partner, former civil partner, cohabitant or former cohabitant.

55 Actions by mortgagees: joining connected persons as parties.

1

This section applies if a mortgagee of land which consists of or includes a dwelling-house brings an action in any court for the enforcement of his security.

2

A connected person who is not already a party to the action is entitled to be made a party in the circumstances mentioned in subsection (3).

3

The circumstances are that—

a

the connected person is enabled by section 30(3) or (6) (or by section 30(3) or (6) as applied by section 35(13) or 36(13)), to meet the mortgagor’s liabilities under the mortgage;

b

he has applied to the court before the action is finally disposed of in that court; and

c

the court sees no special reason against his being made a party to the action and is satisfied—

i

that he may be expected to make such payments or do such other things in or towards satisfaction of the mortgagor’s liabilities or obligations as might affect the outcome of the proceedings; or

ii

that the expectation of it should be considered under section 36 of the M15Administration of Justice Act 1970.

4

In this section “connected person” has the same meaning as in section 54.

56 Actions by mortgagees: service of notice on certain persons.

1

This section applies if a mortgagee of land which consists, or substantially consists, of a dwelling-house brings an action for the enforcement of his security, and at the relevant time there is—

a

in the case of unregistered land, a land charge of Class F registered against the person who is the estate owner at the relevant time or any person who, where the estate owner is a trustee, preceded him as trustee during the subsistence of the mortgage; or

b

in the case of registered land, a subsisting registration of—

i

a notice under section 31(10);

ii

a notice under section 2(8) of the M16Matrimonial Homes Act 1983; or

iii

a notice or caution under section 2(7) of the M17Matrimonial Homes Act 1967.

2

If the person on whose behalf—

a

the land charge is registered, or

b

the notice or caution is entered,

is not a party to the action, the mortgagee must serve notice of the action on him.

3

If—

a

an official search has been made on behalf of the mortgagee which would disclose any land charge of Class F, notice or caution within subsection (1)(a) or (b),

b

a certificate of the result of the search has been issued, and

c

the action is commenced within the priority period,

Any order under subsection (9) may make such provision as the Lord Chancellor thinks expedient for the purpose of applying (with or without modifications) provisions which apply in relation to the procedure in county courts to the principal registry when it acts as if it were a county court.

11

In this section “specified” means specified by an order under this section.

58 Contempt proceedings.

The powers of the court in relation to contempt of court arising out of a person’s failure to comply with an order under this Part may be exercised by the relevant judicial authority.

59 Magistrates’ courts.

1

A magistrates’ court shall not be competent to entertain any application, or make any order, involving any disputed question as to a party’s entitlement to occupy any property by virtue of a beneficial estate or interest or contract or by virtue of any enactment giving him the right to remain in occupation, unless it is unnecessary to determine the question in order to deal with the application or make the order.

2

A magistrates’ court may decline jurisdiction in any proceedings under this Part if it considers that the case can more conveniently be dealt with by another court.

3

The powers of a magistrates’ court under section 63(2) of the M20Magistrates’ Courts Act 1980 to suspend or rescind orders shall not apply in relation to any order made under this Part.

60 Provision for third parties to act on behalf of victims of domestic violence.

1

Rules of court may provide for a prescribed person, or any person in a prescribed category, ( “a representative”) to act on behalf of another in relation to proceedings to which this Part applies.

2

Rules made under this section may, in particular, authorise a representative to apply for an occupation order or for a non-molestation order for which the person on whose behalf the representative is acting could have applied.

3

Rules made under this section may prescribe—

a

conditions to be satisfied before a representative may make an application to the court on behalf of another; and

b

considerations to be taken into account by the court in determining whether, and if so how, to exercise any of its powers under this Part when a representative is acting on behalf of another.

4

Any rules made under this section may be made so as to have effect for a specified period and may make consequential or transitional provision with respect to the expiry of the specified period.

5

Any such rules may be replaced by further rules made under this section.

61 Appeals.

1

An appeal shall lie to the High Court against—

a

the making by a magistrates’ court of any order under this Part, or

b

any refusal by a magistrates’ court to make such an order,

but no appeal shall lie against any exercise by a magistrates’ court of the power conferred by section 59(2).

2

On an appeal under this section, the High Court may make such orders as may be necessary to give effect to its determination of the appeal.

3

Where an order is made under subsection (2), the High Court may also make such incidental or consequential orders as appear to it to be just.

4

Any order of the High Court made on an appeal under this section (other than one directing that an application be re-heard by a magistrates’ court) shall, for the purposes—

a

of the enforcement of the order, and

b

of any power to vary, revive or discharge orders,

1

In this Part—

F106 “adoption order” means an adoption order within the meaning of section 72(1) of the Adoption Act 1976 or section 46(1) of the Adoption and Children Act 2002;
“associated”, in relation to a person, is to be read with section 62(3) to (6);
“child” means a person under the age of eighteen years;
F107 “cohabit”, “cohabitant” and “former cohabitant” have the meaning given by section 62(1);
“the court” is to be read with section 57;
“development” means physical, intellectual, emotional, social or behavioural development;
“dwelling-house” includes (subject to subsection (4))—
1. a
  any building or part of a building which is occupied as a dwelling,
2. b
  any caravan, house-boat or structure which is occupied as a dwelling,
and any yard, garden, garage or outhouse belonging to it and occupied with it;
“family proceedings” means any proceedings—
1. a
  under the inherent jurisdiction of the High Court in relation to children; or
2. b
  under the enactments mentioned in subsection (2);
“harm”—
1. a
  in relation to a person who has reached the age of eighteen years, means ill-treatment or the impairment of health; and
2. b
  in relation to a child, means ill-treatment or the impairment of health or development;
“health” includes physical or mental health;
F108“home rights” has the meaning given by section 30;
“ill-treatment” includes forms of ill-treatment which are not physical and, in relation to a child, includes sexual abuse;
F109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“mortgage”, “mortgagor” and “mortgagee” have the same meaning as in the M23Law of Property Act 1925;
“mortgage payments” includes any payments which, under the terms of the mortgage, the mortgagor is required to make to any person;
“non-molestation order” has the meaning given by section 42(1);
“occupation order” has the meaning given by section 39;
“parental responsibility” has the same meaning as in the M24Children Act 1989;
“relative”, in relation to a person, means—
1. a
  the father, mother, stepfather, stepmother, son, daughter, stepson, stepdaughter, grandmother, grandfather, grandson or granddaughter of that person or of that person’s F110spouse, former spouse, civil partner or former civil partner, or
2. b
  the brother, sister, uncle, aunt, niece F111, nephew or first cousin (whether of the full blood or of the half blood or F112by marriage or civil partnership) of that person or of that person’s F110spouse, former spouse, civil partner or former civil partner,
and includes, in relation to a person who F113is cohabiting or has cohabited with another person, any person who would fall within paragraph (a) or (b) if the parties were married to each other F114or were civil partners of each other;
“relevant child”, in relation to any proceedings under this Part, has the meaning given by section 62(2);
“the relevant judicial authority”, in relation to any order under this Part, means—
1. a
  where the order was made by the High Court, a judge of that court;
2. b
  where the order was made by a county court, a judge or district judge of that or any other county court; or
3. c
  where the order was made by a magistrates’ court, any magistrates’ court.

2

The enactments referred to in the definition of “family proceedings” are—

a

Part II;

b

this Part;

c

the M25Matrimonial Causes Act 1973;

d

the M26Adoption Act 1976;

e

the M27Domestic Proceedings and Magistrates’ Courts Act 1978;

f

Part III of the M28Matrimonial and Family Proceedings Act 1984;

g

Parts I, II and IV of the M29Children Act 1989;

h

section 30 of the M65Human Fertilisation and Embryology Act 1990.

F115i

the Adoption and Children Act 2002.

F116j

Schedules 5 to 7 to the Civil Partnership Act 2004.

3

Where the question of whether harm suffered by a child is significant turns on the child’s health or development, his health or development shall be compared with that which could reasonably be expected of a similar child.

4

For the purposes of sections 31, 32, 53 and 54 and such other provisions of this Part (if any) as may be prescribed, this Part is to have effect as if paragraph (b) of the definition of “dwelling-house” were omitted.

5

It is hereby declared that this Part applies as between the parties to a marriage even though either of them is, or has at any time during the marriage been, married to more than one person.

F119Part 4AForced marriage

Annotations:

Amendments (Textual)

F119

Pt. 4A inserted (25.11.2008 except in regard to the insertion of s. 63N) by Forced Marriage (Civil Protection) Act 2007 (c. 20), ss. 1, 4(2); S.I. 2008/2779, art. 2(a) (as amended (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 210 Table; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11))

Forced marriage protection orders

63AForced marriage protection orders

1

The court may make an order for the purposes of protecting—

a

a person from being forced into a marriage or from any attempt to be forced into a marriage; or

b

a person who has been forced into a marriage.

2

In deciding whether to exercise its powers under this section and, if so, in what manner, the court must have regard to all the circumstances including the need to secure the health, safety and well-being of the person to be protected.

3

In ascertaining that person's well-being, the court must, in particular, have such regard to the person's wishes and feelings (so far as they are reasonably ascertainable) as the court considers appropriate in the light of the person's age and understanding.

4

For the purposes of this Part a person (“A”) is forced into a marriage if another person (“B”) forces A to enter into a marriage (whether with B or another person) without A's free and full consent.

5

For the purposes of subsection (4) it does not matter whether the conduct of B which forces A to enter into a marriage is directed against A, B or another person.

6

In this Part—

“force” includes coerce by threats or other psychological means (and related expressions are to be read accordingly); and
“forced marriage protection order” means an order under this section.

63BContents of orders

1

A forced marriage protection order may contain—

a

such prohibitions, restrictions or requirements; and

b

such other terms;

as the court considers appropriate for the purposes of the order.

2

The terms of such orders may, in particular, relate to—

a

conduct outside England and Wales as well as (or instead of) conduct within England and Wales;

b

respondents who are, or may become, involved in other respects as well as (or instead of) respondents who force or attempt to force, or may force or attempt to force, a person to enter into a marriage;

c

other persons who are, or may become, involved in other respects as well as respondents of any kind.

3

For the purposes of subsection (2) examples of involvement in other respects are—

a

aiding, abetting, counselling, procuring, encouraging or assisting another person to force, or to attempt to force, a person to enter into a marriage; or

b

conspiring to force, or to attempt to force, a person to enter into a marriage.

the court considers that a forced marriage protection order should be made to protect a person (whether or not a party to the current proceedings); and

c

a person who would be a respondent to any such proceedings for a forced marriage protection order is a party to the current proceedings.

7

In this section—

“family proceedings” has the same meaning as in Part 4 (see section 63(1) and (2)) but also includes—
1. a
  proceedings under the inherent jurisdiction of the High Court in relation to adults;
2. b
  proceedings in which the court has made an emergency protection order under section 44 of the Children Act 1989 (c. 41) which includes an exclusion requirement (as defined in section 44A(3) of that Act); and
3. c
  proceedings in which the court has made an order under section 50 of the Act of 1989 (recovery of abducted children etc.); and
“relevant third party” means a person specified, or falling within a description of persons specified, by order of the Lord Chancellor.

8

An order of the Lord Chancellor under subsection (7) may, in particular, specify the Secretary of State.

Further provision about orders

63DEx parte orders: Part 4A

1

The court may, in any case where it considers that it is just and convenient to do so, make a forced marriage protection order even though the respondent has not been given such notice of the proceedings as would otherwise be required by rules of court.

2

In deciding whether to exercise its powers under subsection (1), the court must have regard to all the circumstances including—

a

any risk of significant harm to the person to be protected or another person if the order is not made immediately;

b

whether it is likely that an applicant will be deterred or prevented from pursuing an application if an order is not made immediately; and

c

4

The court may attach a power of arrest to one or more provisions of the order if it considers that there is a risk of significant harm to a person, attributable to conduct of the respondent, if the power of arrest is not attached to the provisions immediately.

5

The court may provide for a power of arrest attached to any provisions of an order under subsection (4) to have effect for a shorter period than the other provisions of the order.

6

Any period specified for the purposes of subsection (5) may be extended by the court (on one or more occasions) on an application to vary or discharge the order.

7

In this section “respondent” includes any person who is not a respondent but to whom an order is directed.

63IArrest under attached powers

1

Subsection (2) applies if a power of arrest is attached to provisions of a forced marriage protection order under section 63H.

2

A constable may arrest without warrant a person whom the constable has reasonable cause for suspecting to be in breach of any such provision or otherwise in contempt of court in relation to the order.

3

A person arrested under subsection (2) must be brought before the relevant judge within the period of 24 hours beginning at the time of the person's arrest.

4

In calculating any period of 24 hours for the purposes of subsection (3), Christmas Day, Good Friday and any Sunday are to be ignored.

63JArrest under warrant

1

1

Any power to remand a person under section 63K(1) may be exercised for the purpose of enabling a medical examination and report to be made if the relevant judge has reason to consider that a medical report will be required.

2

If such a power is so exercised, the adjournment must not be for more than 4 weeks at a time unless the relevant judge remands the accused in custody.

3

If the relevant judge remands the accused in custody, the adjournment must not be for more than 3 weeks at a time.

4

Subsection (5) applies if there is reason to suspect that a person who has been arrested—

a

under section 63I(2); or

b

under a warrant issued on an application made under section 63J(2);

is suffering from mental illness or severe mental impairment.

5

The relevant judge has the same power to make an order under section 35 of the Mental Health Act 1983 (c. 20) (remand for report on accused's mental condition) as the Crown Court has under section 35 of that Act in the case of an accused person within the meaning of that section.

Jurisdiction and procedure

63MJurisdiction of courts: Part 4A

1

For the purposes of this Part “the court” means the High Court or a county court.

2

Subsection (1) is subject to any provision made by virtue of subsections (3) and (4).

3

Section 57(3) to (12) (allocation of proceedings to courts etc.) apply for the purposes of this Part as they apply for the purposes of Part 4 but as if the following modification were made.

4

The modification is that section 57(8) is to be read as if there were substituted for it—

8
For the purposes of subsections (3), (4) and (5), there are two levels of court—
a
the High Court; and
b
any county court.

F191 63N Power to extend jurisdiction to magistrates' courts

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

63OContempt proceedings: Part 4A

The powers of the court in relation to contempt of court arising out of a person's failure to comply with a forced marriage protection order or otherwise in connection with such an order may be exercised by the relevant judge.

63PAppeals: Part 4A

1

The Lord Chancellor may, after consulting the Lord Chief Justice, by order make provision as to the circumstances in which appeals may be made against decisions taken by courts on questions arising in connection with the transfer, or proposed transfer, of proceedings by virtue of an order made under section 57(5) as applied by section 63M(3) and (4).

2

Except so far as provided for in any order made under subsection (1), no appeal may be made against any decision of a kind mentioned in that subsection.

3

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise the Lord Chief Justice's functions under this section.

Supplementary

63QGuidance

1

The Secretary of State may from time to time prepare and publish guidance to such descriptions of persons as the Secretary of State considers appropriate about—

a

the effect of this Part or any provision of this Part; or

b

other matters relating to forced marriages.

2

A person exercising public functions to whom guidance is given under this section must have regard to it in the exercise of those functions.

3

Nothing in this section permits the Secretary of State to give guidance to any court or tribunal.

63ROther protection or assistance against forced marriage

1

This Part does not affect any other protection or assistance available to a person who—

a

is being, or may be, forced into a marriage or subjected to an attempt to be forced into a marriage; or

b

has been forced into a marriage.

2

In particular, it does not affect—

a

the inherent jurisdiction of the High Court;

b

any criminal liability;

c

any civil remedies under the Protection from Harassment Act 1997 (c. 40);

d

any right to an occupation order or a non-molestation order under Part 4 of this Act;

e

any protection or assistance under the Children Act 1989 (c. 41);

f

any claim in tort; or

g

the law of marriage.

63SInterpretation of Part 4A

In this Part—

“the court” is to be read with section 63M;
“force” (and related expressions), in relation to a marriage, are to be read in accordance with section 63A(4) to (6);
“forced marriage protection order” has the meaning given by section 63A(6);
“marriage” means any religious or civil ceremony of marriage (whether or not legally binding); and
“the relevant judge”, in relation to any order under this Part, means—
1. a
  where the order was made by the High Court, a judge of that court; and
2. b
  where the order was made by a county court, a judge or district judge of that or any other county court.

Part V Supplemental

64 Provision for separate representation for children.

1

The Lord Chancellor may by regulations provide for the separate representation of children in proceedings in England and Wales which relate to any matter in respect of which a question has arisen, or may arise, under—

F187a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

Part IV;

c

the 1973 Act; F117. . .

d

the M30Domestic Proceedings and Magistrates’ Courts Act 1978 F118 or

e

Schedule 5 or 6 to the Civil Partnership Act 2004.

2

The regulations may provide for such representation only in specified circumstances.

P165 Rules, regulations and orders.

1

Any power to make rules, orders or regulations which is conferred by this Act is exercisable by statutory instrument.

2

Any statutory instrument made under this Act may—

a

contain such incidental, supplemental, consequential and transitional provision as the Lord Chancellor considers appropriate; and

b

4

This Act, other than section 17, extends only to England and Wales, except that—

a

in Schedule 8—

i

the amendments of section 38 of the M31Family Law Act 1986 extend also to Northern Ireland;

ii

the amendments of the M32Judicial Proceedings (Regulation of Reports) Act 1926 extend also to Scotland; and

iii

the amendments of the M33Maintenance Orders Act 1950, the M34Civil Jurisdiction and Judgments Act 1982, the M35Finance Act 1985 and sections 42 and 51 of the Family Law Act 1986 extend also to both Northern Ireland and Scotland; and

b

in Schedule 10, the repeal of section 2(1)(b) of the M36Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 extends also to Scotland.

SCHEDULES

F189SCHEDULE 1 Arrangements for the future

Section 9(6).

Annotations:

Amendments (Textual)

F189

Sch. 1 repealed (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 18(1), 139(4)

F189 The first exemption

F1891

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F189 The second exemption

F1892

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F189 The third exemption

F1893

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F189 The fourth exemption

F1894

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F189 Court orders and agreements

F1895

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F189 Financial arrangements

F1896

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F189 Negotiated agreements

F1897

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F189 Declarations

F1898

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F189 Interpretation

F1899

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F190SCHEDULE 2 Financial provision

Section 15.

Annotations:

Amendments (Textual)

F190

Sch. 2 repealed (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 18(1), 139(4)

F190 Introductory

F1901

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F190 The orders

F1902

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F190 Financial provision: divorce and separation

F1903

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F190 Financial provision: nullity of marriage

F1904

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F190 Property adjustment orders: divorce and separation

F1905

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F190 Property adjustment orders: nullity

F1906

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F190 Period of secured and unsecured payments orders

F1907

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F190 Variations et ceteralaetc. following reconciliations

F1908

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F188SCHEDULE 3 Stay of proceedings

Section 19(5).

Annotations:

Amendments (Textual)

F188

Sch. 3 repealed (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 18(1), 139(4)

F188 Introductory

F1881

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F188 Interpretation

F1882

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1883

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1884

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F188 Duty to furnish particulars of concurrent proceedings

F1885

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F188 Obligatory stays in divorce cases

F1886

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F188 Discretionary stays

F1887

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F188 Discharge of orders

F1888

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F188 Ancillary matters

F1889

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4 Provisions supplementary to sections 30 and 31

Section 32.

Interpretation

1

In this Schedule—

a

any reference to a solicitor includes a reference to a licensed conveyancer or a recognised body, and

b

any reference to a person’s solicitor includes a reference to a licensed conveyancer or recognised body acting for that person.

2

In sub-paragraph (1)—

“licensed conveyancer” has the meaning given by section 11(2) of the M66Administration of Justice Act 1985;
“recognised body” means a body corporate for the time being recognised under section 9 (incorporated practices) or section 32 (provision of conveyancing by recognised bodies) of that Act.

Restriction on registration where spouse entitled to more than one charge

2

Where one spouse F120or civil partner is entitled by virtue of section 31 to a registrable charge in respect of each of two or more dwelling-houses, only one of the charges to which that spouse F120or civil partner is so entitled shall be registered under section 31(10) or under section 2 of the M37Land Charges Act 1972 at any one time, and if any of those charges is registered under either of those provisions the Chief Land Registrar, on being satisfied that any other of them is so registered, shall cancel the registration of the charge first registered.

Contract for sale of house affected by registered charge to include term requiring cancellation of registration before completion

3

1

Where one spouse F121or civil partner is entitled by virtue of section 31 to a charge on an estate in a dwelling-house and the charge is registered under section 31(10) or section 2 of the Land Charges Act 1972, it shall be a term of any contract for the sale of that estate whereby the vendor agrees to give vacant possession of the dwelling-house on completion of the contract that the vendor will before such completion procure the cancellation of the registration of the charge at his expense.

2

Sub-paragraph (1) shall not apply to any such contract made by a vendor who is entitled to sell the estate in the dwelling-house freed from any such charge.

3

If, on the completion of such a contract as is referred to in sub-paragraph (1), there is delivered to the purchaser or his solicitor an application by the spouse F122or civil partner entitled to the charge for the cancellation of the registration of that charge, the term of the contract for which sub-paragraph (1) provides shall be deemed to have been performed.

4

This paragraph applies only if and so far as a contrary intention is not expressed in the contract.

5

This paragraph shall apply to a contract for exchange as it applies to a contract for sale.

6

This paragraph shall, with the necessary modifications, apply to a contract for the grant of a lease or underlease of a dwelling-house as it applies to a contract for the sale of an estate in a dwelling-house.

Cancellation of registration after termination of marriage F130or civil partnership, etc.

Annotations:

Amendments (Textual)

F130

Words in Sch. 4 para. 4 heading inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 15(8); S.I. 2005/3175, art. 2(1), Sch. 1

4

1

Where a F123spouse’s or civil partner’s home rights are a charge on an estate in the dwelling-house and the charge is registered under section 31(10) or under section 2 of the M38Land Charges Act 1972, the Chief Land Registrar shall, subject to sub-paragraph (2), cancel the registration of the charge if he is satisfied—

F124a

in the case of a marriage—

i

by the production of a certificate or other sufficient evidence, that either spouse is dead,

ii

by the production of an official copy of a decree or order of a court, that the marriage has been terminated otherwise than by death, or

iii

by the production of an order of the court, that the spouse’s home rights constituting the charge have been terminated by the order, and

b

in the case of a civil partnership—

i

by the production of a certificate or other sufficient evidence, that either civil partner is dead,

ii

by the production of an official copy of an order or decree of a court, that the civil partnership has been terminated otherwise than by death, or

iii

by the production of an order of the court, that the civil partner’s home rights constituting the charge have been terminated by the order.

2

Where—

a

the marriage F125or civil partnership in question has been terminated by the death of the spouse F126or civil partner entitled to an estate in the dwelling-house or otherwise than by death, and

b

an order affecting the charge of the spouse F127or civil partner not so entitled had been made under section 33(5),

then if, after the making of the order, registration of the charge was renewed or the charge registered in pursuance of sub-paragraph (3), the Chief Land Registrar shall not cancel the registration of the charge in accordance with sub-paragraph (1) unless he is also satisfied that the order has ceased to have effect.

3

Where such an order has been made, then, for the purposes of sub-paragraph (2), the spouse F128or civil partner entitled to the charge affected by the order may—

a

if before the date of the order the charge was registered under section 31(10) or under section 2 of the Land Charges Act 1972, renew the registration of the charge, and

b

if before the said date the charge was not so registered, register the charge under section 31(10) or under section 2 of the Land Charges Act 1972.

4

Renewal of the registration of a charge in pursuance of sub-paragraph (3) shall be effected in such manner as may be prescribed, and an application for such renewal or for registration of a charge in pursuance of that sub-paragraph shall contain such particulars of any order affecting the charge made under section 33(5) as may be prescribed.

5

The renewal in pursuance of sub-paragraph (3) of the registration of a charge shall not affect the priority of the charge.

6

In this paragraph “prescribed” means prescribed by rules made under section 16 of the Land Charges Act 1972 or F129by land registration rules under the Land Registration Act 2002, as the circumstances of the case require.

Release of F134home rights

Annotations:

Amendments (Textual)

F134

Words in Sch. 4 para. 5 heading substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 15(11); S.I. 2005/3175, art. 2(1), Sch. 1

5

1

A F131spouse or civil partner entitled to home rights may by a release in writing release those rights or release them as respects part only of the dwelling-house affected by them.

2

Where a contract is made for the sale of an estate or interest in a dwelling-house, or for the grant of a lease or underlease of a dwelling-house, being (in either case) a dwelling-house affected by a charge registered under section 31(10) or under section 2 of the Land Charges Act 1972, then, without prejudice to sub-paragraph (1), the F132home rights constituting the charge shall be deemed to have been released on the happening of whichever of the following events first occurs—

a

the delivery to the purchaser or lessee, as the case may be, or his solicitor on completion of the contract of an application by the spouse F133or civil partner entitled to the charge for the cancellation of the registration of the charge; or

b

the lodging of such an application at Her Majesty’s Land Registry.

Postponement of priority of charge

6

A spouse F135or civil partner entitled by virtue of section 31 to a charge on an estate or interest may agree in writing that any other charge on, or interest in, that estate or interest shall rank in priority to the charge to which that spouse F135or civil partner is so entitled.

C9SCHEDULE 5 Powers of High Court and county court to remand

Section 47(11).

Annotations:

Modifications etc. (not altering text)

Sch. 5 extended (1.10.1997) by 1989 c. 41, ss. 38A, 38B (as inserted (1.10.1997) by 1996 c. 27, s. 52, Sch. 6 (with Sch. 9 paras. 8-10); S.I. 1997/1892, art. 3)

Sch. 5 extended (1.10.1997) by 1989 c. 41, ss. 44A, 44B (as inserted (1.10.1997) by 1996 c. 27, s. 52, Sch. 6 (with Sch. 9 paras. 8-10); S.I. 1997/1892, art. 3)

if the court remands him on bail, it may remand him for a longer period if he and the other party consent, and

b

if the court adjourns a case under section 48(1), the court may remand him for the period of the adjournment.

6

Where the court has power under this paragraph to remand a person in custody it may, if the remand is for a period not exceeding 3 clear days, commit him to the custody of a constable.

Further remand

3

1

If the court is satisfied that any person who has been remanded under paragraph 2 is unable by reason of illness or accident to appear or be brought before the court at the expiration of the period for which he was remanded, the court may, in his absence, remand him for a further time; and paragraph 2(5) shall not apply.

2

Notwithstanding anything in paragraph 2(1), the power of the court under sub-paragraph (1) to remand a person on bail for a further time may be exercised by enlarging his recognizance and those of any sureties for him to a later time.

3

Where a person remanded on bail under paragraph 2 is bound to appear before the court at any time and the court has no power to remand him under sub-paragraph (1), the court may in his absence enlarge his recognizance and those of any sureties for him to a later time; and the enlargement of his recognizance shall be deemed to be a further remand.

Postponement of taking of recognizance

4

Where under paragraph 2(1)(b)(ii) the court fixes the amount in which the principal and his sureties, if any, are to be bound, the recognizance may thereafter be taken by such person as may be prescribed by rules of court, and the same consequences shall follow as if it had been entered into before the court.

SCHEDULE 6 Amendments of Children Act 1989

Section 52.

1

After section 38 of the M39Children Act 1989 insert—

38A Power to include exclusion requirement in interim care order.
1
Where—
a
on being satisfied that there are reasonable grounds for believing that the circumstances with respect to a child are as mentioned in section 31(2)(a) and (b)(i), the court makes an interim care order with respect to a child, and
b
the conditions mentioned in subsection (2) are satisfied,
the court may include an exclusion requirement in the interim care order.
2
The conditions are—
a
that there is reasonable cause to believe that, if a person ( “the relevant person”) is excluded from a dwelling-house in which the child lives, the child will cease to suffer, or cease to be likely to suffer, significant harm, and
b
that another person living in the dwelling-house (whether a parent of the child or some other person)—
i
is able and willing to give to the child the care which it would be reasonable to expect a parent to give him, and
ii
consents to the inclusion of the exclusion requirement.
3
For the purposes of this section an exclusion requirement is any one or more of the following—
a
a provision requiring the relevant person to leave a dwelling-house in which he is living with the child,
b
a provision prohibiting the relevant person from entering a dwelling-house in which the child lives, and
c
a provision excluding the relevant person from a defined area in which a dwelling-house in which the child lives is situated.
4
The court may provide that the exclusion requirement is to have effect for a shorter period than the other provisions of the interim care order.
5
Where the court makes an interim care order containing an exclusion requirement, the court may attach a power of arrest to the exclusion requirement.
6
Where the court attaches a power of arrest to an exclusion requirement of an interim care order, it may provide that the power of arrest is to have effect for a shorter period than the exclusion requirement.
7
Any period specified for the purposes of subsection (4) or (6) may be extended by the court (on one or more occasions) on an application to vary or discharge the interim care order.
8
Where a power of arrest is attached to an exclusion requirement of an interim care order by virtue of subsection (5), a constable may arrest without warrant any person whom he has reasonable cause to believe to be in breach of the requirement.
9
Sections 47(7), (11) and (12) and 48 of, and Schedule 5 to, the Family Law Act 1996 shall have effect in relation to a person arrested under subsection (8) of this section as they have effect in relation to a person arrested under section 47(6) of that Act.
10
If, while an interim care order containing an exclusion requirement is in force, the local authority have removed the child from the dwelling-house from which the relevant person is excluded to other accommodation for a continuous period of more than 24 hours, the interim care order shall cease to have effect in so far as it imposes the exclusion requirement.
38B Undertakings relating to interim care orders.
1
In any case where the court has power to include an exclusion requirement in an interim care order, the court may accept an undertaking from the relevant person.
2
No power of arrest may be attached to any undertaking given under subsection (1).
3
An undertaking given to a court under subsection (1)—
a
shall be enforceable as if it were an order of the court, and
b
shall cease to have effect if, while it is in force, the local authority have removed the child from the dwelling-house from which the relevant person is excluded to other accommodation for a continuous period of more than 24 hours.
4
This section has effect without prejudice to the powers of the High Court and county court apart from this section.
5
In this section “exclusion requirement” and “relevant person” have the same meaning as in section 38A.

2

In section 39 of the M40Children Act 1989 (discharge and variation etc. of care orders and supervision orders) after subsection (3) insert—

3A
On the application of a person who is not entitled to apply for the order to be discharged, but who is a person to whom an exclusion requirement contained in the order applies, an interim care order may be varied or discharged by the court in so far as it imposes the exclusion requirement.
3B
Where a power of arrest has been attached to an exclusion requirement of an interim care order, the court may, on the application of any person entitled to apply for the discharge of the order so far as it imposes the exclusion requirement, vary or discharge the order in so far as it confers a power of arrest (whether or not any application has been made to vary or discharge any other provision of the order).

3

After section 44 of the Children Act 1989 insert—

44A Power to include exclusion requirement in emergency protection order.
1
Where—
a
on being satisfied as mentioned in section 44(1)(a), (b) or (c), the court makes an emergency protection order with respect to a child, and
b
the conditions mentioned in subsection (2) are satisfied,
the court may include an exclusion requirement in the emergency protection order.
2
The conditions are—
a
that there is reasonable cause to believe that, if a person ( “the relevant person”) is excluded from a dwelling-house in which the child lives, then—
i
in the case of an order made on the ground mentioned in section 44(1)(a), the child will not be likely to suffer significant harm, even though the child is not removed as mentioned in section 44(1)(a)(i) or does not remain as mentioned in section 44(1)(a)(ii), or
ii
in the case of an order made on the ground mentioned in paragraph (b) or (c) of section 44(1), the enquiries referred to in that paragraph will cease to be frustrated, and
b
that another person living in the dwelling-house (whether a parent of the child or some other person)—
i
is able and willing to give to the child the care which it would be reasonable to expect a parent to give him, and
ii
consents to the inclusion of the exclusion requirement.
3
For the purposes of this section an exclusion requirement is any one or more of the following—
a
a provision requiring the relevant person to leave a dwelling-house in which he is living with the child,
b
a provision prohibiting the relevant person from entering a dwelling-house in which the child lives, and
c
a provision excluding the relevant person from a defined area in which a dwelling-house in which the child lives is situated.
4
The court may provide that the exclusion requirement is to have effect for a shorter period than the other provisions of the order.
5
Where the court makes an emergency protection order containing an exclusion requirement, the court may attach a power of arrest to the exclusion requirement.
6
Where the court attaches a power of arrest to an exclusion requirement of an emergency protection order, it may provide that the power of arrest is to have effect for a shorter period than the exclusion requirement.
7
Any period specified for the purposes of subsection (4) or (6) may be extended by the court (on one or more occasions) on an application to vary or discharge the emergency protection order.
8
Where a power of arrest is attached to an exclusion requirement of an emergency protection order by virtue of subsection (5), a constable may arrest without warrant any person whom he has reasonable cause to believe to be in breach of the requirement.
9
Sections 47(7), (11) and (12) and 48 of, and Schedule 5 to, the Family Law Act 1996 shall have effect in relation to a person arrested under subsection (8) of this section as they have effect in relation to a person arrested under section 47(6) of that Act.
10
If, while an emergency protection order containing an exclusion requirement is in force, the applicant has removed the child from the dwelling-house from which the relevant person is excluded to other accommodation for a continuous period of more than 24 hours, the order shall cease to have effect in so far as it imposes the exclusion requirement.
44B Undertakings relating to emergency protection orders.
1
In any case where the court has power to include an exclusion requirement in an emergency protection order, the court may accept an undertaking from the relevant person.
2
No power of arrest may be attached to any undertaking given under subsection (1).
3
An undertaking given to a court under subsection (1)—
a
shall be enforceable as if it were an order of the court, and
b
shall cease to have effect if, while it is in force, the applicant has removed the child from the dwelling-house from which the relevant person is excluded to other accommodation for a continuous period of more than 24 hours.
4
This section has effect without prejudice to the powers of the High Court and county court apart from this section.
5
In this section “exclusion requirement” and “relevant person” have the same meaning as in section 44A.

4

In section 45 of the M41Children Act 1989 (duration of emergency protection orders and other supplemental provisions), insert after subsection (8)—

8A
On the application of a person who is not entitled to apply for the order to be discharged, but who is a person to whom an exclusion requirement contained in the order applies, an emergency protection order may be varied or discharged by the court in so far as it imposes the exclusion requirement.
8B
Where a power of arrest has been attached to an exclusion requirement of an emergency protection order, the court may, on the application of any person entitled to apply for the discharge of the order so far as it imposes the exclusion requirement, vary or discharge the order in so far as it confers a power of arrest (whether or not any application has been made to vary or discharge any other provision of the order).

5

In section 105(1) of the Children Act 1989 (interpretation), after the definition of “domestic premises”, insert—

“dwelling-house” includes—
a
any building or part of a building which is occupied as a dwelling;
b
any caravan, house-boat or structure which is occupied as a dwelling;
and any yard, garden, garage or outhouse belonging to it and occupied with it;

SCHEDULE 7 Transfer of certain tenancies on divorce etc. or on separation of cohabitants

Section 53.

Part I General

Interpretation

1

In this Schedule—

F136“civil partner”, except in paragraph 2, includes (where the context requires) former civil partner;
“cohabitant”, except in paragraph 3, includes (where the context requires) former cohabitant;
“the court” does not include a magistrates’ court,
“landlord” includes—
1. a
  any person from time to time deriving title under the original landlord; and
2. b
  in relation to any dwelling-house, any person other than the tenant who is, or (but for Part VII of the M42Rent Act 1977 or Part II of the M43Rent (Agriculture) Act 1976) would be, entitled to possession of the dwelling-house;
“Part II order” means an order under Part II of this Schedule;
“a relevant tenancy” means—
1. a
  a protected tenancy or statutory tenancy within the meaning of the Rent Act 1977;
2. b
  a statutory tenancy within the meaning of the Rent (Agriculture) Act 1976;
3. c
  a secure tenancy within the meaning of section 79 of the M44Housing Act 1985; F137. . .
4. d
  an assured tenancy or assured agricultural occupancy within the meaning of Part I of the M45Housing Act 1988; F138or
5. e
  an introductory tenancy within the meaning of Chapter I of Part V of the Housing Act 1996;
“spouse”, except in paragraph 2, includes (where the context requires) former spouse; and
“tenancy” includes sub-tenancy.

F153. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Statutory tenancy within the meaning of the Rent Act 1977

8

1

This paragraph applies if the spouse F154, civil partner or cohabitant is entitled to occupy the dwelling-house by virtue of a statutory tenancy within the meaning of the M48Rent Act 1977.

2

The court may by order direct that, as from the date specified in the order—

a

that spouse F154, civil partner or cohabitant is to cease to be entitled to occupy the dwelling-house; and

b

the other spouse F154, civil partner or cohabitant is to be deemed to be the tenant or, as the case may be, the sole tenant under that statutory tenancy.

3

The question whether the provisions of paragraphs 1 to 3, or (as the case may be) paragraphs 5 to 7 of Schedule 1 to the Rent Act 1977, as to the succession by the surviving spouse F155or surviving civil partner of a deceased tenant, or by a member of the deceased tenant’s family, to the right to retain possession are capable of having effect in the event of the death of the person deemed by an order under this paragraph to be the tenant or sole tenant under the statutory tenancy is to be determined according as those provisions have or have not already had effect in relation to the statutory tenancy.

Statutory tenancy within the meaning of the Rent (Agriculture) Act 1976

9

1

This paragraph applies if the spouse F156, civil partner or cohabitant is entitled to occupy the dwelling-house by virtue of a statutory tenancy within the meaning of the M49Rent (Agriculture) Act 1976.

2

The court may by order direct that, as from such date as may be specified in the order—

a

that spouse F157, civil partner or cohabitant is to cease to be entitled to occupy the dwelling-house; and

b

the other spouse F157, civil partner or cohabitant is to be deemed to be the tenant or, as the case may be, the sole tenant under that statutory tenancy.

3

A spouse F158, civil partner or cohabitant who is deemed under this paragraph to be the tenant under a statutory tenancy is (within the meaning of that Act) a statutory tenant in his own right, or a statutory tenant by succession, according as the other spouse F158, civil partner or cohabitant was a statutory tenant in his own right or a statutory tenant by succession.

Part III Supplementary provisions

Compensation

C10 C1110

1

If the court makes a Part II order, it may by the order direct the making of a payment by the spouse F159, civil partner or cohabitant to whom the tenancy is transferred ( “the transferee”) to the other spouse F159, civil partner or cohabitant ( “the transferor”).

2

Without prejudice to that, the court may, on making an order by virtue of sub-paragraph (1) for the payment of a sum—

a

direct that payment of that sum or any part of it is to be deferred until a specified date or until the occurrence of a specified event, or

b

direct that that sum or any part of it is to be paid by instalments.

3

Where an order has been made by virtue of sub-paragraph (1), the court may, on the application of the transferee or the transferor—

a

exercise its powers under sub-paragraph (2), or

b

vary any direction previously given under that sub-paragraph,

at any time before the sum whose payment is required by the order is paid in full.

4

In deciding whether to exercise its powers under this paragraph and, if so, in what manner, the court shall have regard to all the circumstances including—

a

the financial loss that would otherwise be suffered by the transferor as a result of the order;

b

the financial needs and financial resources of the parties; and

c

the financial obligations which the parties have, or are likely to have in the foreseeable future, including financial obligations to each other and to any relevant child.

5

The court shall not give any direction under sub-paragraph (2) unless it appears to it that immediate payment of the sum required by the order would cause the transferee financial hardship which is greater than any financial hardship that would be caused to the transferor if the direction were given.

Liabilities and obligations in respect of the dwelling-house

C12 C1311

1

If the court makes a Part II order, it may by the order direct that both spouses F160, civil partners or cohabitants are to be jointly and severally liable to discharge or perform any or all of the liabilities and obligations in respect of the dwelling-house (whether arising under the tenancy or otherwise) which—

a

have at the date of the order fallen due to be discharged or performed by one only of them; or

b

but for the direction, would before the date specified as the date on which the order is to take effect fall due to be discharged or performed by one only of them.

2

If the court gives such a direction, it may further direct that either spouse F161, civil partner or cohabitant is to be liable to indemnify the other in whole or in part against any payment made or expenses incurred by the other in discharging or performing any such liability or obligation.

F163Date when order made between spouses or civil partners takes effect

Annotations:

Amendments (Textual)

F163

Sch. 7 para. 12: cross-heading substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 16(17); S.I. 2005/3175, art. 2(1), Sch. 1

F16212

The date specified in a Part II order as the date on which the order is to take effect must not be earlier than—

a

in the case of a marriage in respect of which a decree of divorce or nullity has been granted, the date on which the decree is made absolute;

b

in the case of a civil partnership in respect of which a dissolution or nullity order has been made, the date on which the order is made final.

F165Effect of remarriage or subsequent civil partnership

Annotations:

Amendments (Textual)

F165

Sch. 7 para. 13: cross-heading substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 16(18); S.I. 2005/3175, art. 2(1), Sch. 1

F16413

1

If after the grant of a decree dissolving or annulling a marriage either spouse remarries or forms a civil partnership, that spouse is not entitled to apply, by reference to the grant of that decree, for a Part II order.

2

If after the making of a dissolution or nullity order either civil partner forms a subsequent civil partnership or marries, that civil partner is not entitled to apply, by reference to the making of that order, for a Part II order.

3

In sub-paragraphs (1) and (2)—

a

the references to remarrying and marrying include references to cases where the marriage is by law void or voidable, and

b

the references to forming a civil partnership include references to cases where the civil partnership is by law void or voidable.

Rules of court

14 C14 C151

Rules of court shall be made requiring the court, before it makes an order under this Schedule, to give the landlord of the dwelling-house to which the order will relate an opportunity of being heard.

2

Rules of court may provide that an application for a Part II order by reference to an order or decree may not, without the leave of the court by which that order was made or decree was granted, be made after the expiration of such period from the order or grant as may be prescribed by the rules.

Saving for other provisions of Act

15

1

If a spouse F166or civil partner is entitled to occupy a dwelling-house by virtue of a tenancy, this Schedule does not affect the operation of sections 30 and 31 in relation to the other F167spouse’s or civil partner’s home rights.

2

If a spouse F168, civil partner or cohabitant is entitled to occupy a dwelling-house by virtue of a tenancy, the court’s powers to make orders under this Schedule are additional to those conferred by sections 33, 35 and 36.

SCHEDULE 8 Minor and consequential amendments

Section 66(1).

Part I Amendments connected with Part II

The Wills Act 1837 (c. 26)

F1931

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Judicial Proceedings (Regulation of Reports) Act 1926 (c. 61)

F1932

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Maintenance Orders Act 1950 (c. 37)

F1933

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Matrimonial Causes Act 1973 (c. 18)

4

The 1973 Act is amended as follows.

F1935

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1936

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1937

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1938

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1939

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19310

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19311

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19311A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19312

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19313

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19314

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19315

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I316

1

Section 31 (variation etc. of orders) is amended as follows.

2

In subsection (2)—

a

after “following orders” insert “ under this Part of this Act ”;

b

for paragraph (d) substitute—

d
an order for the payment of a lump sum in a case in which the payment is to be by instalments;

c

in paragraph (dd), for “23(1)(c)” substitute “ 21(1)(c) ”;

d

after paragraph (dd) insert—

de
any other order for the payment of a lump sum, if it is made at a time when no divorce order has been made, and no separation order is in force, in relation to the marriage;

e

for paragraph (e) substitute—

e
any order under section 23A of a kind referred to in section 21(2)(b),(c) or (d) which is made on or after the making of a separation order;
ea
any order under section 23A which is made at a time when no divorce order has been made, and no separation order is in force, in relation to the marriage;

F169f

after paragraph (f) there is inserted—

“

a pension sharing order under section 24B which is made at a time when no divorce order has been made, and no separation order is in force, in relation to the marriage; ”

g

in paragraph (g), for “24B” substitute “24BB”.

3

In subsection (4)—

a

for the words from “for a settlement” to “24(1)(c) or (d)”, substitute “ referred to in subsection (2)(e) ”; and

b

for paragraphs (a) and (b) substitute “ on an application for a divorce order in relation to the marriage ”.

F1703A

In subsection (4A), after “paragraph” insert “(de), (ea), (fa) or”.

4

After F171subsection (4A) insert—

F1724AA
No variation—
a
of a financial provision order made under section 22A above, other than an interim order, or
b
of a property adjustment order made under section 23A above,
shall be made so as to take effect before the making of a divorce order or separation order in relation to the marriage, unless the court is satisfied that the circumstances of the case are exceptional, and that it would be just and reasonable for the variation to be so made.

F1734AB

No variation of a pension sharing order under section 24B above shall be made so as to take effect before the making of a divorce order in relation to the marriage.

F1744A

In subsection (4B), after “order” insert “under section 24BB above”.

5

In subsection (5)—

a

insert, at the beginning, “Subject to subsections (7A) to (7F) below and without prejudice to any power exercisable by virtue of subsection (2)(d),(dd) or (e) above or otherwise than by virtue of this section,”; and

b

for “section 23”, in each place, substitute “ section 22A or 23 ”.

6

In subsection (7)(a)—

a

for “on or after” to “consider” substitute “ in favour of a party to a marriage, the court shall, if the marriage has been dissolved or annulled, consider ”; and

b

after “sufficient” insert “ (in the light of any proposed exercise by the court, where the marriage has been dissolved, of its powers under subsection (7B) below) ”.

7

After subsection (7), insert—

7A
Subsection (7B) below applies where, after the dissolution of a marriage, the court—
a
discharges a periodical payments order or secured periodical payments order made in favour of a party to the marriage; or
b
varies such an order so that payments under the order are required to be made or secured only for such further period as is determined by the court.
7B
The court has power, in addition to any power it has apart from this subsection, to make supplemental provision consisting of any of—
a
an order for the payment of a lump sum in favour of a party to the marriage;
b
one or more property adjustment orders in favour of a party to the marriage;
c
a direction that the party in whose favour the original order discharged or varied was made is not entitled to make any further application for—
i
a periodical payments or secured periodical payments order, or
ii
an extension of the period to which the original order is limited by any variation made by the court.
7C
An order for the payment of a lump sum made under subsection (7B) above may—
a
provide for the payment of that sum by instalments of such amount as may be specified in the order; and
b
require the payment of the instalments to be secured to the satisfaction of the court.
7D
Subsections (7) and (8) of section 22A above apply where the court makes an order for the payment of a lump sum under subsection (7B) above as they apply where it makes such an order under section 22A above.
7E
If under subsection (7B) above the court makes more than one property adjustment order in favour of the same party to the marriage, each of those orders must fall within a different paragraph of section 21(2) above.
7F
Sections 24A and 30 above apply where the court makes a property adjustment order under subsection (7B) above as they apply where it makes such an order under section 23A above.

F1758

After subsection (7F) insert—

“

Section 24B(3) above applies where the court makes a pension sharing order under subsection (7B) above as it applies where the court makes such an order under section 24B above. ”

9

In subsection (7G)—

a

for “Subsections (3) to (5) of section 24B” substitute “Section 24BA(5) to (7)”, and

b

for “that section” substitute “section 24B above”.

F19316A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19317

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19318

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19319

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19320

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19321

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19322

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19323

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19324

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19325

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19325A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Domicile and Matrimonial Proceedings Act 1973 (c. 45)

F19326

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Inheritance (Provision for Family and Dependants) Act 1975 (c. 63)

F19327

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)

F19328

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Housing Act 1980 (c. 51)

F19329

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Supreme Court Act 1981 (c. 54)

F19330

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Civil Jurisdiction and Judgments Act 1982 (c. 27)

F19331

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Matrimonial and Family Proceedings Act 1984 (c. 42)

F19332

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Finance Act 1985 (c. 54)

F19333

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Housing Act 1985 (c. 68)

F19334

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Housing Associations Act 1985 (c. 69)

F19335

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Agricultural Holdings Act 1986 (c. 5)

F19336

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Family Law Act 1986 (c. 55)

F19337

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Landlord and Tenant Act 1987 (c. 31)

F19338

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Legal Aid Act 1988 (c. 34)

F19339

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Housing Act 1988 (c. 50)

F19340

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Children Act 1989 (c. 41)

F19341

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Local Government and Housing Act 1989 (c. 42)

F19342

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pensions Act 1995 (c. 26)

F19343

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F176 The Welfare Reform and Pensions Act 1999

Annotations:

Amendments (Textual)

F176

Sch. 8 para. 43A and cross-heading immediately preceding it inserted (1.12.2000) by 1999 c. 30, s. 84, Sch. 12 Pt. I para. 66(17); S.I. 2000/1116, art. 2(f)

F19343A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F177Part II Amendments connected with Part III

Annotations:

Amendments (Textual)

F177

Pt. II repealed (1.4.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. I (with Sch. 14 paras. 7(2), 36(9)); S.I. 2000/774, art. 2(c), Sch.

The Legal Aid Act 1988 (c. 34)

44

1

The 1988 Act is amended as follows.

2

In section 1, after “III” insert “ IIIA ”.

3

In sections 1, 2(11), 3(2), 4(1), (2) and (4), 5(1) and (6), 6(2)(a) and (3)(a), 34(2)(c) and (d) and (11), 38(1) and (6) and 39(1) and (4)(a), after “assistance”, in each place, insert “ , mediation ”.

4

In section 3(9), after paragraph (a) insert—

aa
the provision of mediation;

5

In section 6, after subsection (3)(c) insert—

ca
any sum which is to be paid out of property on which it is charged under regulations under section 13C(5) below

b

after “(3)” insert “ , (3A) ”; and

c

after the definition of “financial resources” insert—

“family matters” has the meaning assigned by section 13A(2);

Part III Amendments connected with Part IV

The Land Registration Act 1925 (c. 21)

45

F178. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Land Charges Act 1972 (c. 61)

46

In section 1(6A) of the Land Charges Act 1972 (cases where county court has jurisdiction to vacate registration) in paragraph (d)—

a

after “section 1 of the Matrimonial Homes Act 1983” insert “ or section 33 of the Family Law Act 1996 ”; and

b

for “that section” substitute “ either of those sections ”.

47

In section 2(7) of that Act (Class F land charge) for “Matrimonial Homes Act 1983” substitute “ Part IV of the Family Law Act 1996 ”.

The Land Compensation Act 1973 (c. 26)

48

1

Section 29A of the Land Compensation Act 1973 (spouses having statutory rights of occupation) is amended as follows.

2

In subsection (1), for “rights of occupation (within the meaning of the Matrimonial Homes Act 1983)” substitute “ matrimonial home rights (within the meaning of Part IV of the Family Law Act 1996) ”.

3

F179. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Magistrates’ Courts Act 1980 (c. 43)

49

In section 65(1) of the Magistrates’ Courts Act 1980 (meaning of family proceedings) after paragraph (o) insert—

p
Part IV of the Family Law Act 1996;

The Contempt of Court Act 1981 (c. 49)

50

In Schedule 3 to the Contempt of Court Act 1981 (application of Magistrates’ Courts Act 1980 to civil contempt proceedings), in paragraph 3 for the words from “ “or, having been arrested”onwards substitute—

“or, having been arrested under section 47 of the Family Law Act 1996 in connection with the matter of the complaint, is at large after being remanded under subsection (7)(b) or (10) of that section.”

The Supreme Court Act 1981 (c. 54)

51

In Schedule 1 to the Supreme Court Act 1981 (distribution of business in High Court), in paragraph 3 (Family Division)—

a

in paragraph (d), after “matrimonial proceedings” insert “ or proceedings under Part IV of the Family Law Act 1996 ”, and

b

in paragraph (f)(i), for “Domestic Violence and Matrimonial Proceedings Act 1976” substitute “ Part IV of the Family Law Act 1996 ”.

The Matrimonial and Family Proceedings Act 1984 (c. 42)

52

For section 22 of the Matrimonial and Family Proceedings Act 1984 substitute—

22 Powers of court in relation to certain tenancies of dwelling-houses.
1
This section applies if—
a
an application is made by a party to a marriage for an order for financial relief; and
b
one of the parties is entitled, either in his own right or jointly with the other party, to occupy a dwelling-house situated in England or Wales by virtue of a tenancy which is a relevant tenancy within the meaning of Schedule 7 to the Family Law Act 1996 (certain statutory tenancies).
2
The court may make in relation to that dwelling-house any order which it could make under Part II of that Schedule if—
a
a divorce order,
b
a separation order, or
c
a decree of nullity of marriage,
had been made or granted in England and Wales in respect of the marriage.
3
The provisions of paragraphs 10, 11 and 14(1) in Part III of that Schedule apply in relation to any order under this section as they apply to any order under Part II of that Schedule.

The Housing Act 1985 (c. 68)

53

1

Section 85 of the Housing Act 1985 (extended discretion of court in certain proceedings for possession) is amended as follows.

2

In subsection (5)—

a

in paragraph (a), for “rights of occupation under the Matrimonial Homes Act 1983” substitute “ matrimonial home rights under Part IV of the Family Law Act 1996 ”;F180. . .

b

F181. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

After subsection (5) insert—

5A
If proceedings are brought for possession of a dwelling-house which is let under a secure tenancy and—
a
an order is in force under section 35 of the Family Law Act 1996 conferring rights on the former spouse of the tenant or an order is in force under section 36 of that Act conferring rights on a cohabitant or former cohabitant (within the meaning of that Act) of the tenant,
b
the former spouse, cohabitant or former cohabitant is then in occupation of the dwelling-house, and
c
the tenancy is terminated as a result of those proceedings,
the former spouse, cohabitant or former cohabitant shall, so long as he or she remains in occupation, have the same rights in relation to, or in connection with, any adjournment, stay, suspension or postponement in pursuance of this section as he or she would have if the rights conferred by the order referred to in paragraph (a) were not affected by the termination of the tenancy.

54

In section 99B of that Act (persons qualifying for compensation for improvements) in subsection (2) for paragraph (f) substitute—

f
a spouse, former spouse, cohabitant or former cohabitant of the improving tenant to whom the tenancy has been transferred by an order made under Schedule 1 to the Matrimonial Homes Act 1983 or Schedule 7 to the Family Law Act 1996.

55

In section 101 of that Act (rent not to be increased on account of tenant’s improvements) in subsection (3) for paragraph (d) substitute—

d
a spouse, former spouse, cohabitant or former cohabitant of the tenant to whom the tenancy has been transferred by an order made under Schedule 1 to the Matrimonial Homes Act 1983 or Schedule 7 to the Family Law Act 1996.

56

In section 171B of that Act (extent of preserved right to buy: qualifying persons and dwelling-houses) in subsection (4)(b)(ii) after “Schedule 1 to the Matrimonial Homes Act 1983” insert “ or Schedule 7 to the Family Law Act 1996 ”.

The Insolvency Act 1986 (c. 45)

57

1

Section 336 of the Insolvency Act 1986 (rights of occupation etc. of bankrupt’s spouse) is amended as follows.

2

In subsection (1), for “rights of occupation under the Matrimonial Homes Act 1983” substitute “ matrimonial home rights under Part IV of the Family Law Act 1996 ”.

3

In subsection (2)—

a

for “rights of occupation under the Act of 1983” substitute “ matrimonial home rights under the Act of 1996 ”, and

b

in paragraph (b), for “under section 1 of that Act” substitute “ under section 33 of that Act ”.

4

In subsection (4), for “section 1 of the Act of 1983” substitute “ section 33 of the Act of 1996 ”.

58

1

Section 337 of that Act is amended as follows.

2

In subsection (2), for “rights of occupation under the Matrimonial Homes Act 1983” substitute “ matrimonial home rights under Part IV of the Family Law Act 1996 ”.

3

For subsection (3) substitute—

3
The Act of 1996 has effect, with the necessary modifications, as if—
a
the rights conferred by paragraph (a) of subsection (2) were matrimonial home rights under that Act,
b
any application for such leave as is mentioned in that paragraph were an application for an order under section 33 of that Act, and
c
any charge under paragraph (b) of that subsection on the estate or interest of the trustee were a charge under that Act on the estate or interest of a spouse.

4

In subsections (4) and (5) for “section 1 of the Act of 1983” substitute “ section 33 of the Act of 1996 ”.

The Housing Act 1988 (c. 50)

59

1

Section 9 of the Housing Act 1988 (extended discretion of court in possession claims) is amended as follows.

2

In subsection (5)—

a

in paragraph (a), for “rights of occupation under the Matrimonial Homes Act 1983” substitute “ matrimonial home rights under Part IV of the Family Law Act 1996 ”, F182. . .

b

F183. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

After subsection (5) insert—

5A
In any case where—
a
at a time when proceedings are brought for possession of a dwelling-house let on an assured tenancy—
i
an order is in force under section 35 of the Family Law Act 1996 conferring rights on the former spouse of the tenant, or
ii
an order is in force under section 36 of that Act conferring rights on a cohabitant or former cohabitant (within the meaning of that Act) of the tenant,
b
that cohabitant, former cohabitant or former spouse is then in occupation of the dwelling-house, and
c
the assured tenancy is terminated as a result of those proceedings,
the cohabitant, former cohabitant or former spouse shall have the same rights in relation to, or in connection with, any such adjournment as is referred to in subsection (1) above or any such stay, suspension or postponement as is referred to in subsection (2) above as he or she would have if the rights conferred by the order referred to in paragraph (a) above were not affected by the termination of the tenancy.

The Children Act 1989 (c. 41)

60

1

In section 8(4) of the Children Act 1989 (meaning of “family proceedings” for purposes of that Act), omit paragraphs (c) and (f) and after paragraph (g) insert—

h
the Family Law Act 1996.

2

In Schedule 11 to that Act, in paragraph 6(a) (amendment of the M50Domestic Proceedings and Magistrates’ Courts Act 1978), for “sections 16(5)(c) and” substitute “ section ”.

The Courts and Legal Services Act 1990 (c. 41)

F18461

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 9 Modifications, saving and transitional

Section 66(2).

Transitional arrangements for those who have been living apart

F1861

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modifications of enactments etc.

F1852

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

If an Act or subordinate legislation—

a

refers to an enactment repealed or amended by or under this Act, and

b

was passed or made before the repeal or amendment came into force,

the Lord Chancellor may by order make such consequential modifications of any provision contained in the Act or subordinate legislation as appears to him necessary or expedient in respect of the reference.

Expressions used in paragraphs 2 and 3

4

In paragraphs 2 and 3—

“decree” means a decree of divorce (whether a decree nisi or a decree which has been made absolute) or a decree of judicial separation;
“instrument” includes any deed, will or other instrument or document
“petition” means a petition for a decree of divorce or a petition for a decree of judicial separation; and
“subordinate legislation” has the same meaning as in the M51Interpretation Act 1978.

Proceedings under way

5

1

Except for paragraph 6 of this Schedule, nothing in any provision of Part II, Part I of Schedule 8 or Schedule 10—

a

applies to, or affects—

i

any decree granted before the coming into force of the provision;

ii

any proceedings begun, by petition or otherwise, before that time; or

iii

any decree granted in any such proceedings;

b

affects the operation of—

i

the 1973 Act,

ii

any other enactment, or

iii

any subordinate legislation,

in relation to any such proceedings or decree or to any proceedings in connection with any such proceedings or decree; or

c

without prejudice to paragraph (b), affects any transitional provision having effect under Schedule 1 to the 1973 Act.

2

In this paragraph, “subordinate legislation” has the same meaning as in the M52Interpretation Act 1978.

6

1

Section 31 of the 1973 Act has effect as amended by this Act in relation to any order under Part II of the 1973 Act made after the coming into force of the amendments.

2

Subsections (7) to (7F) of that section also have effect as amended by this Act in relation to any order made before the coming into force of the amendments.

Interpretation

7

In paragraphs 8 to 15 “the 1983 Act” means the M53Matrimonial Homes Act 1983.

Pending applications for orders relating to occupation and molestation

8

1

In this paragraph and paragraph 10 “the existing enactments” means—

a

the M54Domestic Violence and Matrimonial Proceedings Act 1976;

b

sections 16 to 18 of the M55Domestic Proceedings and Magistrates’ Courts Act 1978; and

c

sections 1 and 9 of the 1983 Act.

2

Nothing in Part IV, Part III of Schedule 8 or Schedule 10 affects any application for an order or injunction under any of the existing enactments which is pending immediately before the commencement of the repeal of that enactment.

Pending applications under Schedule 1 to the Matrimonial Homes Act 1983

9

Nothing in Part IV, Part III of Schedule 8 or Schedule 10 affects any application for an order under Schedule 1 to the 1983 Act which is pending immediately before the commencement of the repeal of that Schedule.

Existing orders relating to occupation and molestation

10

1

In this paragraph “an existing order” means any order or injunction under any of the existing enactments which—

a

is in force immediately before the commencement of the repeal of that enactment; or

b

was made or granted after that commencement in proceedings brought before that commencement.

2

Subject to sub-paragraphs (3) and (4), nothing in Part IV, Part III of Schedule 8 or Schedule 10—

a

prevents an existing order from remaining in force; or

b

affects the enforcement of an existing order.

3

Nothing in Part IV, Part III of Schedule 8 or Schedule 10 affects any application to extend, vary or discharge an existing order, but the court may, if it thinks it just and reasonable to do so, treat the application as an application for an order under Part IV.

4

The making of an order under Part IV between parties with respect to whom an existing order is in force discharges the existing order.

Matrimonial home rights

11

1

Any reference (however expressed) in any enactment, instrument or document (whether passed or made before or after the passing of this Act) to rights of occupation under, or within the meaning of, the 1983 Act shall be construed, so far as is required for continuing the effect of the instrument or document, as being or as the case requires including a reference to matrimonial home rights under, or within the meaning of, Part IV.

2

Any reference (however expressed) in this Act or in any other enactment, instrument or document (including any enactment amended by Schedule 8) to matrimonial home rights under, or within the meaning of, Part IV shall be construed as including, in relation to times, circumstances and purposes before the commencement of sections 30 to 32, a reference to rights of occupation under, or within the meaning of, the 1983 Act.

12

1

Any reference (however expressed) in any enactment, instrument or document (whether passed or made before or after the passing of this Act) to registration under section 2(8) of the 1983 Act shall, in relation to any time after the commencement of sections 30 to 32, be construed as being or as the case requires including a reference to registration under section 31(10).

2

Any reference (however expressed) in this Act or in any other enactment, instrument or document (including any enactment amended by Schedule 8) to registration under section 31(10) shall be construed as including a reference to—

a

registration under section 2(7) of the M56Matrimonial Homes Act 1967 or section 2(8) of the 1983 Act, and

b

registration by caution duly lodged under section 2(7) of the Matrimonial Homes Act 1967 before 14th February 1983 (the date of the commencement of section 4(2) of the M57Matrimonial Homes and Property Act 1981).

13

In sections 30 and 31 and Schedule 4—

a

any reference to an order made under section 33 shall be construed as including a reference to an order made under section 1 of the 1983 Act, and

b

any reference to an order made under section 33(5) shall be construed as including a reference to an order made under section 1 of the 1983 Act by virtue of section 2(4) of that Act.

14

Neither section 31(11) nor the repeal by the Matrimonial Homes and Property Act 1981 of the words “or caution” in section 2(7) of the Matrimonial Homes Act 1967, affects any caution duly lodged as respects any estate or interest before 14th February 1983.

15

Nothing in this Schedule is to be taken to prejudice the operation of sections 16 and 17 of the M58Interpretation Act 1978 (which relate to the effect of repeals).

I4SCHEDULE 10 E1 Repeals

Section 66(3).

Annotations:

Commencement Information

Sch. 10 partly in force; Sch. 10 not in force at Royal Assent see s. 67(3); Sch. 10 in force for certain purposes at 21.3.1997 by S.I. 1997/1077, art. 2; Sch. 10 in force for certain purposes at 1.10.1997 by S.I. 1997/1892, art. 3

Extent Information

Sch. 10 extends to England and Wales only except that the repeal of Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (c. 63, SIF 39:1) s. 2(1)(b) extends also to Scotland see s. 66(4)(b).

Chapter	Short title	Extent of repeal
1968 c. 63.	The Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968.	Section 2(1)(b).
1973 c. 18.	The Matrimonial Causes Act 1973.	Sections 1 to 7.
		In section 8(1)(b), the words “or before the decree nisi is made absolute”.
		Sections 9 and 10.
		Sections 17 and 18.
		Section 20.
		Section 22.
		In section 24A(3), the words “divorce or”.
		In section 25(2)(h), the words “in the case of proceedings for divorce or nullity of marriage,”.
		In section 28(1), the words from “in”, in the first place where it occurs, to “nullity of marriage” in the first place where those words occur.
		In section 29(2), the words from “may begin” to “but”.
		In section 30, the words “divorce” and “or judicial separation”.
		In section 31, in subsection (2)(a), the words “order for maintenance pending suit and any”.
		In section 41, in subsection (1) the words “divorce or” and “or a decree of judicial separation” and in subsection (2) the words “divorce or” and “or that the decree of judicial separation is not to be granted.”
		Section 49.
		In section 52(2)(b), the words “to orders for maintenance pending suit and”, “respectively” and “section 22 and”.
		In Schedule 1, paragraph 8.
1973 c. 45.	The Domicile and Matrimonial Proceedings Act 1973.	In section 5, in subsection (1), the words “subject to section 6(3) and (4) of this Act” and, in paragraph (a), “divorce, judicial separation or” and subsection (2).
		Section 6(3) and (4).
		In Schedule 1, in paragraph 11, in sub-paragraph (2)(a), in sub-paragraph (2)(c), in the first place where they occur, and in sub-paragraph (3)(b) and (c), the words “in connection with the stayed proceedings”.
1976 c. 50.	The Domestic Violence and Matrimonial Proceedings Act 1976.	The whole Act.
1978 c. 22.	The Domestic Proceedings and Magistrates’ Courts Act 1978.	In section 1, paragraphs (c) and (d) and the word “or” preceding paragraph (c).
		In section 7(1), the words “neither party having deserted the other”.
		Sections 16 to 18.
		Section 28(2).
		Section 63(3).
		In Schedule 2, paragraphs 38 and 53.
1980 c. 43.	The Magistrates’ Courts Act 1980.	In Schedule 7, paragraph 159.
1981 c. 54.	The Supreme Court Act 1981.	In section 18(1)(d), the words “divorce or”.
1982 c. 53.	The Administration of Justice Act 1982.	Section 16.
1983 c. 19.	The Matrimonial Homes Act 1983.	The whole Act.
1984 c. 42.	The Matrimonial and Family Proceedings Act 1984.	Section 1.
		In section 21(f) the words “except subsection (2)(e) and subsection (4)”.
		In section 27, the definition of “secured periodical payments order”.
		In Schedule 1, paragraph 10.
1985 c. 61.	The Administration of Justice Act 1985.	In section 34(2), paragraph (f) and the word “and” immediately preceding it.
		In Schedule 2, in paragraph 37, paragraph (e) and the word “and” immediately preceding it.
1985 c. 71.	The Housing (Consequential Provisions) Act 1985.	In Schedule 2, paragraph 56.
1986 c. 53.	The Building Societies Act 1986.	In Schedule 21, paragraph 9(f).
1986 c. 55.	The Family Law Act 1986.	In Schedule 1, paragraph 27.
1988 c. 34.	The Legal Aid Act 1988.	In section 16(9), the word “and” at the end of paragraph (a).
1988 c. 50.	The Housing Act 1988.	In Schedule 17, paragraphs 33 and 34.
1989 c. 41.	The Children Act 1989.	Section 8(4)(c) and (f).
		In Schedule 11, paragraph 6(b).
		In Schedule 13, paragraphs 33(1) and 65(1).
1990 c. 41.	The Courts and Legal Services Act 1990.	Section 58(10)(b) and (e).
		In Schedule 18, paragraph 21.
1995 c. 42.	The Private International Law (Miscellaneous Provisions) Act 1995.	In the Schedule, paragraph 3.