SCHEDULEMinor and consequential amendments
PART 1Amendments to the Matrimonial Causes Act 1973
I110
In section 10 (proceedings after decree nisi: special protection for respondent in separation cases)—
a
for the heading substitute “
Proceedings before divorce order made final: special protection for respondent
”
;
b
omit subsection (1);
c
for subsections (2) and (3) substitute—
2
The following provisions of this section apply where—
a
on an application for a divorce order a conditional order has been made and—
i
the conditional order is in favour of one party to a marriage, or
ii
the conditional order is in favour of both parties to a marriage but one of the parties has since withdrawn from the application, and
b
the respondent has applied to the court for consideration under subsection (3) of their financial position after the divorce.
3
Subject to subsection (4), the court hearing an application by the respondent under subsection (2) must not make the divorce order final unless it is satisfied—
a
that the applicant should not be required to make any financial provision for the respondent, or
b
that the financial provision made by the applicant for the respondent is reasonable and fair or the best that can be made in the circumstances.
3A
In making a determination under subsection (3) the court must consider all the circumstances including—
a
the age, health, conduct, earning capacity, financial resources and financial obligations of each of the parties to the marriage, and
b
the financial position of the respondent as, having regard to the divorce, it is likely to be after the death of the applicant should that person die first.
d
in subsection (4)—
i
in the words before paragraph (a), for “decree absolute” substitute “
divorce order final
”
;
ii
in paragraph (a), for “decree should be made absolute” substitute “
order should be made final
”
;
iii
in paragraph (b), for “petitioner that he will make such financial provision” substitute “
applicant that they will make such financial provision
”
.