Family Law Act 1996
Part I Principles of Parts II and III
1 The general principles underlying section 22.
Part II Divorce and Separation
Court orders
2 Divorce and separation.
3 Circumstances in which orders are made.
4 Conversion of separation order into divorce order.
Marital breakdown
5 Marital breakdown.
6 Statement of marital breakdown.
Reflection and consideration
7 Period for reflection and consideration.
8 Attendance at information meetings.
9 Arrangements for the future.
Orders preventing divorce
10 Hardship: orders preventing divorce.
Welfare of children
11 Welfare of children.
Supplementary
12Rules about procedure
Resolution of disputes
13 Directions with respect to mediation.
14 Adjournments.
Financial provision
15 Financial arrangements.
16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18 Grounds for financial provision orders in magistrates’ courts.
Jurisdiction and commencement of proceedings
19 Jurisdiction in relation to divorce and separation.
20 Time when proceedings for divorce or separation begin.
Intestacy
21 Intestacy: effect of separation.
Marriage support services
22 Funding for marriage support services.
23 Provision of marriage counselling.
Interpretation
24 Interpretation of Part II etc.
25 Connected proceedings.
Part III Legal Aid for Mediation in Family Matters
26 Legal aid for mediation in family matters.
27 Provision and availability of mediation.
28 Payment for mediation.
29 Mediation and civil legal aid.
Part IV Family Homes and Domestic Violence
Rights to occupy matrimonial home
30 Rights concerning home where one spouse or civil partner has no estate, etc.
31 Effect of matrimonial home rights as charge on dwelling-house.
32 Further provisions relating to matrimonial home rights.
Occupation orders
33 Occupation orders where applicant has estate or interest etc. or has matrimonial home rights.
34 Effect of order under s. 33 where rights are charge on dwelling-house.
35 One former spouse with no existing right to occupy.
36 One cohabitant or former cohabitant with no existing right to occupy.
37 Neither spouse entitled to occupy.
38 Neither cohabitant or former cohabitant entitled to occupy.
39 Supplementary provisions.
40 Additional provisions that may be included in certain occupation orders.
41 Additional considerations if parties are cohabitants or former cohabitants.
Non-molestation orders
42 Non-molestation orders.
42AOffence of breaching non-molestation order
Further provisions relating to occupation and non-molestation orders
43 Leave of court required for applications by children under sixteen.
44 Evidence of agreement to marry.
45 Ex parte orders.
46 Undertakings.
47 Arrest for breach of order.
48 Remand for medical examination and report.
49 Variation and discharge of orders.
Enforcement powers of magistrates’ courts
50 Power of magistrates’ court to suspend execution of committal order.
51 Power of magistrates’ court to order hospital admission or guardianship.
Interim care orders and emergency protection orders
52 Amendments of Children Act 1989.
Transfer of tenancies
53 Transfer of certain tenancies.
Dwelling-house subject to mortgage
54 Dwelling-house subject to mortgage.
55 Actions by mortgagees: joining connected persons as parties.
56 Actions by mortgagees: service of notice on certain persons.
Jurisdiction and procedure etc.
57 Jurisdiction of courts.
58 Contempt proceedings.
59 Magistrates’ courts.
60 Provision for third parties to act on behalf of victims of domestic violence.
61 Appeals.
General
62 Meaning of “cohabitants”, “relevant child” and “associated persons”.
63 Interpretation of Part IV.
Part 4AForced marriage
Forced marriage protection orders
63AForced marriage protection orders
63BContents of orders
63CApplications and other occasions for making orders
Further provision about orders
63DEx parte orders: Part 4A
63EUndertakings instead of orders
63FDuration of orders
63GVariation of orders and their discharge
Arrest for breach of orders
63HAttachment of powers of arrest to orders
63IArrest under attached powers
63JArrest under warrant
63KRemand: general
63LRemand: medical examination and report
Jurisdiction and procedure
63MJurisdiction of courts: Part 4A
63NPower to extend jurisdiction to magistrates' courts
63OContempt proceedings: Part 4A
63PAppeals: Part 4A
Supplementary
63QGuidance
63ROther protection or assistance against forced marriage
63SInterpretation of Part 4A
Part V Supplemental
64 Provision for separate representation for children.
65 Rules, regulations and orders.
66 Consequential amendments, transitional provisions and repeals.
67 Short title, commencement and extent.
SCHEDULES
SCHEDULE 1 Arrangements for the future
The first exemption
1. . . . . . . . . ....
The second exemption
2. . . . . . . . . ....
The third exemption
3. . . . . . . . . ....
The fourth exemption
4. . . . . . . . . ....
Court orders and agreements
5. . . . . . . . . ....
Financial arrangements
6. . . . . . . . . ....
Negotiated agreements
7. . . . . . . . . ....
Declarations
8. . . . . . . . . ....
Interpretation
9. . . . . . . . . ....
SCHEDULE 2 Financial provision
Introductory
1. . . . . . . . . ....
The orders
2. . . . . . . . . ....
Financial provision: divorce and separation
3. . . . . . . . . ....
Financial provision: nullity of marriage
4. . . . . . . . . ....
Property adjustment orders: divorce and separation
5. . . . . . . . . ....
Property adjustment orders: nullity
6. . . . . . . . . ....
Pension sharing orders: divorce and nullity
6A. . . . . . . . . ....
Period of secured and unsecured payments orders
7. . . . . . . . . ....
Variations et ceteralaetc. following reconciliations
8. . . . . . . . . ....
SCHEDULE 3 Stay of proceedings
Introductory
1. . . . . . . . . ....
Interpretation
2. . . . . . . . . ....
3. . . . . . . . . ....
4. . . . . . . . . ....
Duty to furnish particulars of concurrent proceedings
5. . . . . . . . . ....
Obligatory stays in divorce cases
6. . . . . . . . . ....
Discretionary stays
7. . . . . . . . . ....
Discharge of orders
8. . . . . . . . . ....
Ancillary matters
9. . . . . . . . . ....
SCHEDULE 4 Provisions supplementary to sections 30 and 31
Interpretation
1(1) In this Schedule— (a) any reference to a solicitor...
Restriction on registration where spouse entitled to more than one charge
2Where one spouse is entitled by virtue of section 31...
Contract for sale of house affected by registered charge to include term requiring cancellation of registration before completion
3(1) Where one spouse is entitled by virtue of section...
Cancellation of registration after termination of marriage, etc.
4(1) Where a spouse’s matrimonial home rights are a charge...
Release of matrimonial home rights
5(1) A spouse entitled to matrimonial home rights may by...
Postponement of priority of charge
6A spouse entitled by virtue of section 31 to a...
SCHEDULE 5 Powers of High Court and county court to remand
Interpretation
1In this Schedule “the court” means the High Court or...
Remand in custody or on bail
2(1) Where a court has power to remand a person...
Further remand
3(1) If the court is satisfied that any person who...
Postponement of taking of recognizance
4Where under paragraph 2(1)(b)(ii) the court fixes the amount in...
SCHEDULE 6 Amendments of Children Act 1989
1After section 38 of the Children Act 1989 insert— Power...
2In section 39 of the Children Act 1989 (discharge and...
3After section 44 of the Children Act 1989 insert— Power...
4In section 45 of the Children Act 1989 (duration of...
5In section 105(1) of the Children Act 1989 (interpretation), after...
SCHEDULE 7 Transfer of certain tenancies on divorce etc. or on separation of cohabitants
Part I General
Interpretation
1In this Schedule— “civil partner”, except in paragraph 2, includes...
Cases in which the court may make an order
2(1) This paragraph applies if one spouse is entitled, either...
3(1) This paragraph applies if one cohabitant is entitled, either...
4The court shall not make a Part II order unless...
Matters to which the court must have regard
5In determining whether to exercise its powers under Part II...
Part II Orders that may be made
References to entitlement to occupy
6References in this Part of this Schedule to a spouse...
Protected, secure or assured tenancy or assured agricultural occupancy
7(1) If a spouse or cohabitant is entitled to occupy...
Statutory tenancy within the meaning of the Rent Act 1977
8(1) This paragraph applies if the spouse or cohabitant is...
Statutory tenancy within the meaning of the Rent (Agriculture) Act 1976
9(1) This paragraph applies if the spouse or cohabitant is...
Part III Supplementary provisions
Compensation
10(1) If the court makes a Part II order, it...
Liabilities and obligations in respect of the dwelling-house
11(1) If the court makes a Part II order, it...
Date when order made between spouses is to take effect
12(1) In the case of a decree of nullity of...
Remarriage of either spouse
13(1) If after the making of a divorce order or...
Rules of court
14(1) Rules of court shall be made requiring the court,...
Saving for other provisions of Act
15(1) If a spouse is entitled to occupy a dwelling-house...
SCHEDULE 8 Minor and consequential amendments
Part I Amendments connected with Part II
The Wills Act 1837 (c. 26)
1. . . . . . . . . ....
The Judicial Proceedings (Regulation of Reports) Act 1926 (c. 61)
2. . . . . . . . . ....
The Maintenance Orders Act 1950 (c. 37)
3. . . . . . . . . ....
The Matrimonial Causes Act 1973 (c. 18)
4The 1973 Act is amended as follows.
5. . . . . . . . . ....
6. . . . . . . . . ....
7. . . . . . . . . ....
8. . . . . . . . . ....
9. . . . . . . . . ....
10. . . . . . . . . ....
11. . . . . . . . . ....
11A. . . . . . . . . ....
12. . . . . . . . . ....
13. . . . . . . . . ....
14. . . . . . . . . ....
15. . . . . . . . . ....
16(1) Section 31 (variation etc. of orders) is amended as...
16A. . . . . . . . . ....
17. . . . . . . . . ....
18. . . . . . . . . ....
19. . . . . . . . . ....
20. . . . . . . . . ....
21. . . . . . . . . ....
22. . . . . . . . . ....
23. . . . . . . . . ....
24. . . . . . . . . ....
25. . . . . . . . . ....
25A. . . . . . . . . ....
The Domicile and Matrimonial Proceedings Act 1973 (c. 45)
26. . . . . . . . . ....
The Inheritance (Provision for Family and Dependants) Act 1975 (c. 63)
27. . . . . . . . . ....
The Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)
28. . . . . . . . . ....
The Housing Act 1980 (c. 51)
29. . . . . . . . . ....
Senior Courts Act 1981(c. 54)
30. . . . . . . . . ....
The Civil Jurisdiction and Judgments Act 1982 (c. 27)
31. . . . . . . . . ....
The Matrimonial and Family Proceedings Act 1984 (c. 42)
32. . . . . . . . . ....
The Finance Act 1985 (c. 54)
33. . . . . . . . . ....
The Housing Act 1985 (c. 68)
34. . . . . . . . . ....
The Housing Associations Act 1985 (c. 69)
35. . . . . . . . . ....
The Agricultural Holdings Act 1986 (c. 5)
36. . . . . . . . . ....
The Family Law Act 1986 (c. 55)
37. . . . . . . . . ....
The Landlord and Tenant Act 1987 (c. 31)
38. . . . . . . . . ....
The Legal Aid Act 1988 (c. 34)
39. . . . . . . . . ....
The Housing Act 1988 (c. 50)
40. . . . . . . . . ....
The Children Act 1989 (c. 41)
41. . . . . . . . . ....
The Local Government and Housing Act 1989 (c. 42)
42. . . . . . . . . ....
Pensions Act 1995 (c. 26)
43. . . . . . . . . ....
The Welfare Reform and Pensions Act 1999
43A. . . . . . . . . ....
Part II Amendments connected with Part III
The Legal Aid Act 1988 (c. 34)
44(1) The 1988 Act is amended as follows.
Part III Amendments connected with Part IV
The Land Registration Act 1925 (c. 21)
45In section 64 of the Land Registration Act 1925 (certificates...
The Land Charges Act 1972 (c. 61)
46In section 1(6A) of the Land Charges Act 1972 (cases...
47In section 2(7) of that Act (Class F land charge)...
The Land Compensation Act 1973 (c. 26)
48(1) Section 29A of the Land Compensation Act 1973 (spouses...
The Magistrates’ Courts Act 1980 (c. 43)
49In section 65(1) of the Magistrates’ Courts Act 1980 (meaning...
The Contempt of Court Act 1981 (c. 49)
50In Schedule 3 to the Contempt of Court Act 1981...
The Supreme Court Act 1981 (c. 54)
51In Schedule 1 to the Supreme Court Act 1981 (distribution...
The Matrimonial and Family Proceedings Act 1984 (c. 42)
52For section 22 of the Matrimonial and Family Proceedings Act...
The Housing Act 1985 (c. 68)
53(1) Section 85 of the Housing Act 1985 (extended discretion...
54In section 99B of that Act (persons qualifying for compensation...
55In section 101 of that Act (rent not to be...
56In section 171B of that Act (extent of preserved right...
The Insolvency Act 1986 (c. 45)
57(1) Section 336 of the Insolvency Act 1986 (rights of...
58(1) Section 337 of that Act is amended as follows....
The Housing Act 1988 (c. 50)
59(1) Section 9 of the Housing Act 1988 (extended discretion...
The Children Act 1989 (c. 41)
60(1) In section 8(4) of the Children Act 1989 (meaning...
The Courts and Legal Services Act 1990 (c. 41)
61In section 58 of the Courts and Legal Services Act...
SCHEDULE 9 Modifications, saving and transitional
Transitional arrangements for those who have been living apart
1(1) The Lord Chancellor may by order provide for the...
Modifications of enactments etc.
2(1) The Lord Chancellor may by order make such consequential...
3If an Act or subordinate legislation— (a) refers to an...
Expressions used in paragraphs 2 and 3
4In paragraphs 2 and 3— ... ... ... “subordinate legislation”...
Proceedings under way
5(1) Except for paragraph 6 of this Schedule, nothing in...
6(1) Section 31 of the 1973 Act has effect as...
Interpretation
7In paragraphs 8 to 15 “the 1983 Act” means the...
Pending applications for orders relating to occupation and molestation
8(1) In this paragraph and paragraph 10 “the existing enactments”...
Pending applications under Schedule 1 to the Matrimonial Homes Act 1983
9Nothing in Part IV, Part III of Schedule 8 or...
Existing orders relating to occupation and molestation
10(1) In this paragraph “an existing order” means any order...
Matrimonial home rights
11(1) Any reference (however expressed) in any enactment, instrument or...
12(1) Any reference (however expressed) in any enactment, instrument or...
13In sections 30 and 31 and Schedule 4—
14Neither section 31(11) nor the repeal by the Matrimonial Homes...
15Nothing in this Schedule is to be taken to prejudice...
SCHEDULE 10 Repeals

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.

I1C1Be 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
I1

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

Modifications etc. (not altering text)
C1

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)