Family Law Act 1996

3 Insert, before section 23—

“22A Financial provision orders: divorce and separation

(1) On an application made under this section, the court may at the appropriate time make one or more financial provision orders in favour of—

(a) a party to the marriage to which the application relates; or

(b) any of the children of the family.

(2) The“appropriate time” is any time—

(a) after a statement of marital breakdown has been received by the court and before any application for a divorce order or for a separation order is made to the court by reference to that statement;

(b) when an application for a divorce order or separation order has been made under section 3 of the 1996 Act and has not been withdrawn;

(c) when an application for a divorce order has been made under section 4 of the 1996 Act and has not been withdrawn;

(d) after a divorce order has been made;

(e) when a separation order is in force.

(3) The court may make—

(a) a combined order against the parties on one occasion,

(b) separate orders on different occasions,

(c) different orders in favour of different children,

(d) different orders from time to time in favour of the same child,

but may not make, in favour of the same party, more than one periodical payments order, or more than one order for payment of a lump sum, in relation to any marital proceedings, whether in the course of the proceedings or by reference to a divorce order or separation order made in the proceedings.

(4) If it would not otherwise be in a position to make a financial provision order in favour of a party or child of the family, the court may make an interim periodical payments order, an interim order for the payment of a lump sum or a series of such orders, in favour of that party or child.

(5) Any order for the payment of a lump sum made under this section may—

(a) provide for the payment of the lump sum by instalments of such amounts as may be specified in the order; and

(b) require the payment of the instalments to be secured to the satisfaction of the court.

(6) Nothing in subsection (5) above affects—

(a) the power of the court under this section to make an order for the payment of a lump sum; or

(b) the provisions of this Part of this Act as to the beginning of the term specified in any periodical payments order or secured periodical payments order.

(7) Subsection (8) below applies where the court—

(a) makes an order under this section (“the main order”) for the payment of a lump sum; and

(b) directs—

(i) that payment of that sum, or any part of it, is to be deferred; or

(ii) that that sum, or any part of it, is to be paid by instalments.

(8) In such a case, the court may, on or at any time after making the main order, make an order (“the order for interest”) for the amount deferred, or the instalments, to carry interest (at such rate as may be specified in the order for interest)—

(a) from such date, not earlier than the date of the main order, as may be so specified;

(b) until the date when the payment is due.

(9) This section is to be read subject to any restrictions imposed by this Act and to section 19 of the 1996 Act.

22B Restrictions affecting section 22A

(1) No financial provision order, other than an interim order, may be made under section 22A above 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—

(a) that the circumstances of the case are exceptional; and

(b) that it would be just and reasonable for the order to be so made.

(2) Except in the case of an interim periodical payments order, the court may not make a financial provision order under section 22A above at any time while the period for reflection and consideration is interrupted under section 7(8) of the 1996 Act.

(3) No financial provision order may be made under section 22A above by reference to the making of a statement of marital breakdown if, by virtue of section 5(3) or 7(9) of the 1996 Act (lapse of divorce or separation process), it has ceased to be possible—

(a) for an application to be made by reference to that statement; or

(b) for an order to be made on such an application.

(4) No financial provision order may be made under section 22A after a divorce order has been made, or while a separation order is in force, except—

(a) in response to an application made before the divorce order or separation order was made; or

(b) on a subsequent application made with the leave of the court.

(5) In this section,“period for reflection and consideration” means the period fixed by section 7 of the 1996 Act.”