Family Law Act 1996 CHAPTER 27 First Published 1996 Reprinted 1999 Family Law Act 1996 CHAPTER 27 ARRANGEMENT OF SECTIONS PART I PRINCIPLES OF PARTS II AND III Section 1. The general principles underlying Parts II and III. PART II DIVORCE AND SEPARATION Court orders 2. Divorce and separation.
Circumstances in which orders are made. Conversion of separation order into divorce order. Statement of marital breakdown. Reflection and consideration 7.
Period for reflection and consideration. Attendance at information meetings. Arrangements for the future. Orders preventing divorce 10.
Hardship: orders preventing divorce. Welfare of children 11. Welfare of children. Lord Chancellor's rules.27 Family LawAct 1996 Resolution of disputes Section 13.
Directions with respect to mediation. Division of pension rights: England and Wales. Division of pension assets: Scotland. Grounds for financial provision orders in magistrates' courts.
Jurisdiction and commencement of proceedings 19. Jurisdiction in relation to divorce and separation. Time when proceedings for divorce or separation begin. Intestacy: effect of separation.
Marriage support services 22. Funding for marriage support services. Provision of marriage counselling. Interpretation of Part II etc.
III LEGAL AID FOR MEDIATION IN FAMILY MATrERS 26. Legal aid for mediation in family matters. Provision and availability of mediation. Payment for mediation.
Mediation and civil legal aid. PART IV FAMmY HOMES DOMESTIC VIOLENCE Rights to occupy matrimonial home 30. Rights concerning matrimonial home where one spouse has no estate, etc. Effect of matrimonial home rights as charge on dwelling-house.
Further provisions relating to matrimonial home rights. Occupation orders where applicant has estate or interest etc. or has matrimonial home rights. Effect of order under s.
33 where rights are charge on dwelling- house. One former spouse with no existing right to occupy. One cohabitant or former cohabitant with no existing right to occupy. Neither spouse entitled to occupy.
Family Law Act 1996 c. Neither cohabitant or former cohabitant entitled to occupy. Additional provisions that may be included in certain occupation orders. Additional considerations if parties are cohabitants or former cohabitants.
Non-molestation orders 42. Non-molestation orders. Further provisions relating to occupation and non-molestation orders 43. Leave of court required for applications by children under sixteen.
Evidence of agreement to marry. Ex parte orders. Arrest for breach of order. Remand for medical examination and report.
Variation and discharge of orders. Enforcement powers of magistrates' courts 50. Power of magistrates' court to suspend execution of committal order. 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. Actions by mortgagees: joining connected persons as parties. Actions by mortgagees: service of notice on certain persons.
Jurisdiction and procedure etc. Jurisdiction of courts. Provision for third parties to act on behalf of victims of domestic violence. Meaning of "cohabitants", "relevant child" and "associated persons".
Interpretation of Part IV.27 Family LawAct 1996 SUPPLEMENTAL Section 64. Provision for separate representation for children. Rules, regulations and orders. Consequential amendments, transitional provisions and repeals.
Short title, commencement and extent. Schedule 1—Arrangements for the future. Schedule 2—Financial provision. Schedule 3—Stay of proceedings.
Schedule 4—Provisions supplementary to sections 30 and 31. Schedule 5—Powers of High Court and county court to remand. Schedule 6—Amendments of Children Act 1989. Schedule 7—Transfer of certain tenancies on divorce etc.
or on separation of cohabitants. Part Il—Orders that may be made. Part Ill—Supplementary provisions. Schedule 8—Minor and consequential amendments.
Part I—Amendments connected with Part II. Part Il—Amendments connected with Part III. Part Ill—Amendments connected with Part IV. Schedule 9—Modifications, saving and transitional.
27 Family Law Act 1996 1996 CHAPTER 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. [4th July 19961 E IT ENACTED by the Queen's most Excellent Majesty, by and with B 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:— PART I PRINCIPLES OF PARTS II AND III 1. The court and any person, in exercising functions under or in The general consequence of Parts II and III, shall have regard to the following general principles principles— underlying Parts II and III. (a) that the institution of marriage is to be supported; (b) that the parties to a marriage which may have broken down are to be encouraged to take all practicable steps, whether by marriage counselling or otherwise, to save the marriage; (c) that a marriage which has irretrievably broken down and is being brought to an end should be brought to an end— (i) with minimum distress to the parties and to the children affected; (ii) with questions dealt with in a manner designed to promote as good a continuing relationship between the parties and any children affected as is possible in the circumstances; and 2 c.
27 Family Law Act 1996 PART I (iii) without costs being unreasonably incurred in connection with the procedures to be followed in bringing the marriage to an end; and (d) that any risk to one of the parties to a marriage, and to any children, of violence from the other party should, so far as reasonably practicable, be removed or diminished. PART II DIVORCE AND SEPARATION Court orders Divorce and 2.—(l) The court may— separation. (a) by making an order (to be known as a divorce order), dissolve a marriage; or (b) by making an order (to be known as a separation order), provide for the separation of the parties to a marriage. (2) Any such order comes into force on being made.
(3) A separation order remains in force— (a) while the marriage continues; or (b) until cancelled by the court on the joint application of the parties.—(l) If an application for a divorce order or for a separation order which orders are is made to the court under this section by one or both of the parties to a made. marriage, the court shall make the order applied for if (but only if)— (a) the marriage has broken down irretrievably; (b) the requirements of section 8 about information meetings are satisfied; (c) the requirements of section 9 about the parties' arrangements for the future are satisfied; and (d) the application has not been withdrawn. (2) A divorce order may not be made if an order preventing divorce is in force under section 10.—(1) A separation order which is made before the second anniversary separation order of the marriage may not be converted into a divorce order under this into divorce order. section until after that anniversary.
(2) A separation order may not be converted into a divorce order under this section at any time while— (a) an order preventing divorce is in force under section 10; or Family LawAct 1996 c.27 3 PART II (b) subsection (4) applies. (3) Otherwise, if a separation order is in force and an application for a divorce order— (a) is made under this section by either or both of the parties to the marriage, and (b) is not withdrawn, the court shall grant the application once the requirements of section 11 have been satisfied. (4) Subject to subsection (5), this subsection applies if— (a) there is a child of the family who is under the age of sixteen when the application under this section is made; or (b) the application under this section is made by one party and the other party applies to the court, before the end of such period as may be prescribed by rules of court, for time for further reflection. (a) a statement has been made by one (or both) of the parties that the maker of the statement (or each of them) believes that the marriage has broken down; (b) the statement complies with the requirements of section 6; (c) the period for reflection and consideration fixed by section 7 has ended; and (d) the application under section 3 is accompanied by a declaration by the party making the application that— (i) having reflected on the breakdown, and (ii) having considered the requirements of this Part as to the parties' arrangements for the future, the applicant believes that the marriage cannot be saved.
(2) The statement and the application under section 3 do not have to be made by the same party. 27 Family Law Act 1996 II (3) An application may not be made under section 3 by reference to a particular statement if— (a) the parties have jointly given notice (in accordance with rules of court) withdrawing the statement; or (b) a period of one year ("the specified period") has passed since the end of the period for reflection and consideration. (5) Subsection (6) applies if, before the end of the specified period, the parties jointly give notice to the court that they are attempting reconciliation but require additional time. (6) The specified period— (a) stops running on the day on which the notice is received by the court; but (b) resumes running on the day on which either of the parties gives notice to the court that the attempted reconciliation has been unsuccessful.
(7) If the specified period is interrupted by a continuous period of more than 18 months, any application by either of the parties for a divorce order or for a separation order must be by reference to a new statement received by the court at any time after the end of the 18 months. (8) The Lord Chancellor may by order amend subsection (3)(b) by varying the specified period.—( I) A statement under section 5(1)(a) is to be known as a statement mantal of marital breakdown; but in this Part it is generally referred to as "a breakdown. (2) If a statement is made by one party it must also state that that party— (a) is aware of the purpose of the period for reflection and consideration as described in section 7; and (b) wishes to make arrangements for the future. (3) If a statement is made by both parties it must also state that each of them— (a) is aware of the purpose of the period for reflection and consideration as described in section 7; and (b) wishes to make arrangements for the future.
(4) A statement must be given to the court in accordance with the requirements of rules made under section 12. (5) A statement must also satisfy any other requirements imposed by rules made under that section. (6) A statement made at a time when the circumstances of the case include any of those mentioned in subsection (7) is ineffective for the purposes of this Part. (7) The circumstances are— (a) that a statement has previously been made with respect to the marriage and it is, or will become, possible— Family LawAct 1996 c.27 5 PART II (i) for an application for a divorce order, or (ii) for an application for a separation order, to be made by reference to the previous statement; (b) that such an application has been made in relation to the marriage and has not been withdrawn; (c) that a separation order is in force.
Reflection and consideration 7.—(l) Where a statement has been made, a period for the parties— Period for (a) to reflect on whether the marriage can be saved and to have an opportunity to effect a reconciliation, and (b) to consider what arrangements should be made for the future, must pass before an application for a divorce order or for a separation order may be made by reference to that statement. (2) That period is to be known as the period for reflection and consideration.