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the conditional order is in favour of both parties to a marriage but one of the parties has since withdrawn from the application, and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 ”.