PART II continued
(2) A direction may be given at any time, including in the course of proceedings connected with the breakdown of the marriage (as to which see section 25).
(3) A direction may be given on the application of either of the parties or on the initiative of the court.
(4) The parties are to be required to attend the same meeting unless—
(a) one of them asks, or both of them ask, for separate meetings; or
(b) the court considers separate meetings to be more appropriate.
(5) A direction shall—
(a) specify a person chosen by the court (with that person’s agreement) to arrange and conduct the meeting or meetings; and
(b) require such person as may be specified in the direction to produce to the court, at such time as the court may direct, a report stating—
(i) whether the parties have complied with the direction; and
(ii) if they have, whether they have agreed to take part in any mediation.
(1) The court’s power to adjourn any proceedings connected with the breakdown of a marriage includes power to adjourn—
(a) for the purpose of allowing the parties to comply with a direction under section 13; or
(b) for the purpose of enabling disputes to be resolved amicably.
(2) In determining whether to adjourn for either purpose, the court shall have regard in particular to the need to protect the interests of any child of the family.
(3) If the court adjourns any proceedings connected with the breakdown of a marriage for either purpose, the period of the adjournment must not exceed the maximum period prescribed by rules of court.
(4) Unless the only purpose of the adjournment is to allow the parties to comply with a direction under section 13, the court shall order one or both of them to produce to the court a report as to—
(a) whether they have taken part in mediation during the adjournment;
(b) whether, as a result, any agreement has been reached between them;
(c) the extent to which any dispute between them has been resolved as a result of any such agreement;
(d) the need for further mediation; and
(e) how likely it is that further mediation will be successful.
(1) Schedule 2 amends the 1973 Act.
(2) The main object of Schedule 2 is—
(a) to provide that, in the case of divorce or separation, an order about financial provision may be made under that Act before a divorce order or separation order is made; but
(b) to retain (with minor changes) the position under that Act where marriages are annulled.
(3) Schedule 2 also makes minor and consequential amendments of the 1973 Act connected with the changes mentioned in subsection (1).
(1) The [1973 c. 18.] Matrimonial Causes Act 1973 is amended as follows.
(2) In section 25B (benefits under a pension scheme on divorce, etc.), in subsection (2), after paragraph (b), insert—
“(c) in particular, where the court determines to make such an order, whether the order should provide for the accrued rights of the party with pension rights (“the pension rights”) to be divided between that party and the other party in such a way as to reduce the pension rights of the party with those rights and to create pension rights for the other party.”.
(3) After subsection (7) of that section, add—
“(8) If a pensions adjustment order under subsection (2)(c) above is made, the pension rights shall be reduced and pension rights of the other party shall be created in the prescribed manner with benefits payable on prescribed conditions, except that the court shall not have the power—
(a) to require the trustees or managers of the scheme to provide benefits under their own scheme if they are able and willing to create the rights for the other party by making a transfer payment to another scheme and the trustees and managers of that other scheme are able and willing to accept such a payment and to create those rights; or
(b) to require the trustees or managers of the scheme to make a transfer to another scheme—
(i) if the scheme is an unfunded scheme (unless the trustees or managers are able and willing to make such a transfer payment); or
(ii) in prescribed circumstances.
(9) No pensions adjustment order may be made under subsection (2)(c) above—
(a) if the scheme is a scheme of a prescribed type, or
(b) in prescribed circumstances, or
(c) insofar as it would affect benefits of a prescribed type.”
(4) In section 25D (pensions: supplementary), insert—
(a) in subsection (2)—
(i) at the end of paragraph (a), the words “or prescribe the rights of the other party under the pension scheme,”; and
(ii) after paragraph (a), the following paragraph—
“(aa) make such consequential modifications of any enactment or subordinate legislation as appear to the Lord Chancellor necessary or expedient to give effect to the provisions of section 25B; and an order under this paragraph may make provision applying generally in relation to enactments and subordinate legislation of a description specified in the order,”;
(b) in subsection (4), in the appropriate place in alphabetical order, the following entries—
““funded scheme” means a scheme under which the benefits are provided for by setting aside resources related to the value of the members' rights as they accrue (and“unfunded scheme” shall be construed accordingly);
“subordinate legislation” has the same meaning as in the [1978 c. 30.] Interpretation Act 1978;”; and
(c) after subsection (4), the following subsection—
“(4A) Other expressions used in section 25B above shall be construed in accordance with section 124 (interpretation of Part I) of the [1995 c. 26.] Pensions Act 1995.”
Section 10 of the [1985 c. 37.] Family Law (Scotland) Act 1985 (sharing of value of matrimonial property), is amended as follows—
(a) in subsection (5) at the end of paragraph (b), insert “, and
(c) in the assets in respect of which either party has accrued rights to benefits under a pension scheme”; and
(b) after subsection (5) insert—
“(5A) In the case of an unfunded pension scheme, the court may not make an order which would allow assets to be removed from the scheme earlier than would otherwise have been the case.”.
(1) In section 1 of the [1978 c. 22.] Domestic Proceedings and Magistrates' Courts Act 1978, omit paragraphs (c) and (d) (which provide for behaviour and desertion to be grounds on which an application for a financial provision order may be made).
(2) In section 7(1) of that Act (powers of magistrates' court where spouses are living apart by agreement), omit “neither party having deserted the other”.
(1) In this section“the court’s jurisdiction” means—
(a) the jurisdiction of the court under this Part to entertain marital proceedings; and
(b) any other jurisdiction conferred on the court under this Part, or any other enactment, in consequence of the making of a statement.
(2) The court’s jurisdiction is exercisable only if—
(a) at least one of the parties was domiciled in England and Wales on the statement date;
(b) at least one of the parties was habitually resident in England and Wales throughout the period of one year ending with the statement date; or
(c) nullity proceedings are pending in relation to the marriage when the marital proceedings commence.
(3) Subsection (4) applies if—
(a) a separation order is in force; or
(b) an order preventing divorce has been cancelled.
(4) The court—
(a) continues to have jurisdiction to entertain an application made by reference to the order referred to in subsection (3); and
(b) may exercise any other jurisdiction which is conferred on it in consequence of such an application.
(5) Schedule 3 amends Schedule 1 to the [1973 c. 45.] Domicile and Matrimonial Proceedings Act 1973 (orders to stay proceedings where there are proceedings in other jurisdictions).
(6) The court’s jurisdiction is exercisable subject to any order for a stay under Schedule 1 to that Act.
(7) In this section—
“nullity proceedings” means proceedings in respect of which the court has jurisdiction under section 5(3) of the Domicile and Matrimonial Proceedings Act 1973; and
“statement date” means the date on which the relevant statement was received by the court.
(1) The receipt by the court of a statement is to be treated as the commencement of proceedings.
(2) The proceedings are to be known as marital proceedings.
(3) Marital proceedings are also—
(a) separation proceedings, if an application for a separation order has been made under section 3 by reference to the statement and not withdrawn;
(b) divorce proceedings, if an application for a divorce order has been made under section 3 by reference to the statement and not withdrawn.
(4) Marital proceedings are to be treated as being both divorce proceedings and separation proceedings at any time when no application by reference to the statement, either for a divorce order or for a separation order, is outstanding.
(5) Proceedings which are commenced by the making of an application under section 4(3) are also marital proceedings and divorce proceedings.
(6) Marital proceedings come to an end—
(a) on the making of a separation order;
(b) on the making of a divorce order;
(c) on the withdrawal of the statement by a notice in accordance with section 5(3)(a);
(d) at the end of the specified period mentioned in section 5(3)(b), if no application under section 3 by reference to the statement is outstanding;
(e) on the withdrawal of all such applications which are outstanding at the end of that period;
(f) on the withdrawal of an application under section 4(3).
Where—
(a) a separation order is in force, and
(b) while the parties to the marriage remain separated, one of them dies intestate as respects any real or personal property,
that property devolves as if the other had died before the intestacy occurred.
(1) The Lord Chancellor may, with the approval of the Treasury, make grants in connection with—
(a) the provision of marriage support services;
(b) research into the causes of marital breakdown;
(c) research into ways of preventing marital breakdown.
(2) Any grant under this section may be made subject to such conditions as the Lord Chancellor considers appropriate.
(3) In exercising his power to make grants in connection with the provision of marriage support services, the Lord Chancellor is to have regard, in particular, to the desirability of services of that kind being available when they are first needed.
(1) The Lord Chancellor or a person appointed by him may secure the provision, in accordance with regulations made by the Lord Chancellor, of marriage counselling.
(2) Marriage counselling may only be provided under this section at a time when a period for reflection and consideration—
(a) is running in relation to the marriage; or
(b) is interrupted under section 7(8) (but not for a continuous period of more than 18 months).
(3) Marriage counselling may only be provided under this section for persons who would not be required to make any contribution towards the cost of mediation provided for them under Part IIIA of the [1988 c. 34.] Legal Aid Act 1988.
(4) Persons for whom marriage counselling is provided under this section are not to be required to make any contribution towards the cost of the counselling.
(5) Marriage counselling is only to be provided under this section if it appears to the marriage counsellor to be suitable in all the circumstances.
(6) Regulations under subsection (1) may—
(a) make provision about the way in which marriage counselling is to be provided; and
(b) prescribe circumstances in which the provision of marriage counselling is to be subject to the approval of the Lord Chancellor.
(7) A contract entered into for the purposes of subsection (1) by a person appointed under that subsection must include such provision as the Lord Chancellor may direct.
(8) If the person appointed under subsection (1) is the Legal Aid Board, the powers conferred on the Board by or under the Legal Aid Act 1988 shall be exercisable for the purposes of this section as they are exercisable for the purposes of that Act.
(9) In section 15 of the Legal Aid Act 1988 (availability of, and payment for, representation under Part IV of the Act), after subsection (3H) insert—
“(3I) A person may be refused representation for the purposes of any proceedings if—
(a) the proceedings are marital proceedings within the meaning of Part II of the Family Law Act 1996; and
(b) he is being provided with marriage counselling under section 23 of that Act in relation to the marriage.”
(1) In this Part—
“the 1973 Act” means the [1973 c. 18.] Matrimonial Causes Act 1973;
“child of the family” and“the court” have the same meaning as in the 1973 Act;
“divorce order” has the meaning given in section 2(1)(a);
“divorce proceedings” is to be read with section 20;
“marital proceedings” has the meaning given in section 20;
“non-molestation order” has the meaning given by section 42(1);
“occupation order” has the meaning given by section 39;
“order preventing divorce” has the meaning given in section 10(2);
“party”, in relation to a marriage, means one of the parties to the marriage;
“period for reflection and consideration” has the meaning given in section 7;
“separation order” has the meaning given in section 2(1)(b);
“separation proceedings” is to be read with section 20;
“statement” means a statement of marital breakdown;
“statement of marital breakdown” has the meaning given in section 6(1).
(2) For the purposes of this Part, references to the withdrawal of an application are references, in relation to an application made jointly by both parties, to its withdrawal by a notice given, in accordance with rules of court—
(a) jointly by both parties; or
(b) separately by each of them.
(3) Where only one party gives such a notice of withdrawal, in relation to a joint application, the application shall be treated as if it had been made by the other party alone.
(1) For the purposes of this Part, proceedings are connected with the breakdown of a marriage if they fall within subsection (2) and, at the time of the proceedings—
(a) a statement has been received by the court with respect to the marriage and it is or may become possible for an application for a divorce order or separation order to be made by reference to that statement;
(b) such an application in relation to the marriage has been made and not withdrawn; or
(c) a divorce order has been made, or a separation order is in force, in relation to the marriage.
(2) The proceedings are any under Parts I to V of the [1989 c. 41.] Children Act 1989 with respect to a child of the family or any proceedings resulting from an application—
(a) for, or for the cancellation of, an order preventing divorce in relation to the marriage;
(b) by either party to the marriage for an order under Part IV;
(c) for the exercise, in relation to a party to the marriage or child of the family, of any of the court’s powers under Part II of the 1973 Act;
(d) made otherwise to the court with respect to, or in connection with, any proceedings connected with the breakdown of the marriage.