Family Law Act 1996

Obligatory stays in divorce cases

6 (1) Paragraph 8 is amended as follows.

(2) For the words before paragraph (a) of sub-paragraph (1) substitute—

“(1) This paragraph applies where divorce proceedings are continuing in the court with respect to a marriage.

(2) Where it appears to the court, on the application of a party to the marriage—”.

(3) In sub-paragraph (1), in the words after paragraph (d), for “proceedings” substitute “divorce proceedings”.

(4) For sub-paragraph (2) substitute—

“(3) The effect of such an order is that, while it is in force—

(a) no application for a divorce order in relation to the marriage may be made either by reference to the relevant statement or by reference to any subsequent statement of marital breakdown; and

(b) if such an application has been made, no divorce order may be made on that application.”