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Family Law Act 1996
CHAPTER 27
FAMILY LAW ACT 1996 PART I PRINCIPLES OF PARTS II AND III 1 The general principles underlying section 22. PART II DIVORCE AND SEPARATION Court orders 2 Divorce and separation. 3 Circumstances in which orders are made. 4 Conversion of separation order into divorce order. Marital breakdown 5 Marital breakdown. 6 Statement of marital breakdown. Reflection and consideration 7 Period for reflection and consideration. 8 Attendance at information meetings. 9 Arrangements for the future. Orders preventing divorce 10 Hardship: orders preventing divorce.
ii Family Law Act 1996 (c. 27) Document Generated: 2022-05- Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Family Law Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Welfare of children 11 Welfare of children. Supplementary 12 Rules about procedure Resolution of disputes 13 Directions with respect to mediation. 14 Adjournments. Financial provision 15 Financial arrangements. 16................................ 17................................ 18 Grounds for financial provision orders in magistrates’ courts. Jurisdiction and commencement of proceedings 19 Jurisdiction in relation to divorce and separation. 20 Time when proceedings for divorce or separation begin. Intestacy 21 Intestacy: effect of separation. Marriage support services 22 Funding for marriage support services. 23 Provision of marriage counselling. Interpretation 24 Interpretation of Part II etc. 25 Connected proceedings. PART III LEGAL AID FOR MEDIATION IN FAMILY MATTERS 26 Legal aid for mediation in family matters. 27 Provision and availability of mediation. 28 Payment for mediation. 29 Mediation and civil legal aid. PART IV FAMILY HOMES AND DOMESTIC VIOLENCE Rights to occupy matrimonial or civil partnership home 30 Rights concerning home where one spouse or civil partner has no estate, etc. 31 Effect of home rights as charge on dwelling-house. 32 Further provisions relating to home rights.
iv Family Law Act 1996 (c. 27) Document Generated: 2022-05- Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Family Law Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes General 62 Meaning of “cohabitants”, “relevant child” and “associated persons”. 63 Interpretation of Part IV. PART 4A FORCED MARRIAGE Forced marriage protection orders 63A Forced marriage protection orders 63B Contents of orders 63C Applications and other occasions for making orders 63CA Offence of breaching order Further provision about orders 63D Ex parte orders: Part 4A 63E Undertakings instead of orders 63F Duration of orders 63G Variation of orders and their discharge Arrest for breach of orders 63H Attachment of powers of arrest to orders 63I Arrest under attached powers 63J Arrest under warrant 63K Remand: general 63L Remand: medical examination and report Jurisdiction and procedure 63M Jurisdiction of courts: Part 4A 63N Power to extend jurisdiction to magistrates' courts 63O Contempt proceedings: Part 4A 63P Appeals: Part 4A Supplementary 63Q Guidance 63R Other protection or assistance against forced marriage 63S Interpretation of Part 4A PART V SUPPLEMENTAL 64 Provision for separate representation for children. 65 Rules, regulations and orders. 66 Consequential amendments, transitional provisions and repeals. 67 Short title, commencement and extent. SCHEDULES SCHEDULE 1 — Arrangements for the future
Family Law Act 1996 (c. 27) Document Generated: 2022-05- v Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Family Law Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes The first exemption 1 Arrangements for the future The second exemption 2 Arrangements for the future The third exemption 3 Arrangements for the future The fourth exemption 4 Arrangements for the future Court orders and agreements 5 Arrangements for the future Financial arrangements 6 Arrangements for the future Negotiated agreements 7 Arrangements for the future Declarations 8 Arrangements for the future Interpretation 9 Arrangements for the future SCHEDULE 2 — Financial provision Introductory 1 Financial provision The orders 2 Financial provision Financial provision: divorce and separation 3 Financial provision Financial provision: nullity of marriage 4 Financial provision Property adjustment orders: divorce and separation 5 Financial provision
Family Law Act 1996 (c. 27) Document Generated: 2022-05- vii Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Family Law Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Contract for sale of house affected by registered charge to include term requiring cancellation of registration before completion 3 (1) Where one spouse or civil partner is entitled by... Cancellation of registration after termination of marriage or civil partnership, etc. 4 (1) Where a spouse’s or civil partner’s home rights are... Release of home rights 5 (1) A spouse or civil partner entitled to home rights... Postponement of priority of charge 6 A spouse or civil partner entitled by virtue of section... SCHEDULE 5 — Powers of High Court and county court to remand Interpretation 1 In this Schedule “the court” means the High Court or... Remand in custody or on bail 2 (1) Where a court has power to remand a person... Further remand 3 (1) If the court is satisfied that any person who... Postponement of taking of recognizance 4 Where under paragraph 2(1)(b)(ii) the court fixes the amount in... SCHEDULE 6 — Amendments of Children Act 1989 1 After section 38 of the Children Act 1989 insert— Power... 2 In section 39 of the Children Act 1989 (discharge and... 3 After section 44 of the Children Act 1989 insert— Power... 4 In section 45 of the Children Act 1989 (duration of... 5 In section 105(1) of the Children Act 1989 (interpretation), after... SCHEDULE 7 — Transfer of certain tenancies on divorce etc. or on separation of cohabitants Part I — GENERAL Interpretation 1 In this Schedule— “civil partner”, except in paragraph 2, includes... Cases in which the court may make an order 2 (1) This paragraph applies if one spouse or civil partner... 3 (1) This paragraph applies if one cohabitant is entitled, either... 4 The court shall not make a Part II order unless...
viii Family Law Act 1996 (c. 27) Document Generated: 2022-05- Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Family Law Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Matters to which the court must have regard 5 In determining whether to exercise its powers under Part II... Part II — ORDERS THAT MAY BE MADE References to entitlement to occupy 6 References in this Part of this Schedule to a spouse... Protected, secure or assured tenancy or assured agricultural occupancy 7 (1) If a spouse , civil partner or cohabitant is... Statutory tenancy within the meaning of the Rent Act 1977 8 (1) This paragraph applies if the spouse , civil partner... Statutory tenancy within the meaning of the Rent (Agriculture) Act 1976 9 (1) This paragraph applies if the spouse , civil partner... Part III — SUPPLEMENTARY PROVISIONS Compensation 10 (1) If the court makes a Part II order, it... Liabilities and obligations in respect of the dwelling-house 11 (1) If the court makes a Part II order, it... Date when order made between spouses or civil partners takes effect 12 The date specified in a Part II order as the... Effect of remarriage or subsequent civil partnership 13 (1) If after the grant of a decree dissolving or... Rules of court 14 (1) Rules of court shall be made requiring the court,... Saving for other provisions of Act 15 (1) If a spouse or civil partner is entitled to... SCHEDULE 8 — Minor and consequential amendments Part I — AMENDMENTS CONNECTED WITH PART II The Wills Act 1837 (c. 26) 1......... .... The Judicial Proceedings (Regulation of Reports) Act 1926 (c. 61) 2......... .... The Maintenance Orders Act 1950 (c. 37) 3......... ....
x Family Law Act 1996 (c. 27) Document Generated: 2022-05- Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Family Law Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes The Finance Act 1985 (c. 54) 33......... .... The Housing Act 1985 (c. 68) 34......... .... The Housing Associations Act 1985 (c. 69) 35......... .... The Agricultural Holdings Act 1986 (c. 5) 36......... .... The Family Law Act 1986 (c. 55) 37......... .... The Landlord and Tenant Act 1987 (c. 31) 38......... .... The Legal Aid Act 1988 (c. 34) 39......... .... The Housing Act 1988 (c. 50) 40......... .... The Children Act 1989 (c. 41) 41......... .... The Local Government and Housing Act 1989 (c. 42) 42......... .... Pensions Act 1995 (c. 26) 43......... .... The Welfare Reform and Pensions Act 1999 43A......... .... Part II — AMENDMENTS CONNECTED WITH PART III The Legal Aid Act 1988 (c. 34) 44 (1) The 1988 Act is amended as follows. Part III — AMENDMENTS CONNECTED WITH PART IV The Land Registration Act 1925 (c. 21) 45 In section 64 of the Land Registration Act 1925 (certificates...
Family Law Act 1996 (c. 27) Document Generated: 2022-05- xi Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Family Law Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes The Land Charges Act 1972 (c. 61) 46 In section 1(6A) of the Land Charges Act 1972 (cases... 47 In section 2(7) of that Act (Class F land charge)... The Land Compensation Act 1973 (c. 26) 48 (1) Section 29A of the Land Compensation Act 1973 (spouses... The Magistrates’ Courts Act 1980 (c. 43) 49 In section 65(1) of the Magistrates’ Courts Act 1980 (meaning... The Contempt of Court Act 1981 (c. 49) 50 In Schedule 3 to the Contempt of Court Act 1981... Senior Courts Act 1981(c. 54) 51 In Schedule 1 to the Senior Courts Act 1981(distribution of... The Matrimonial and Family Proceedings Act 1984 (c. 42) 52 For section 22 of the Matrimonial and Family Proceedings Act... The Housing Act 1985 (c. 68) 53 (1) Section 85 of the Housing Act 1985 (extended discretion... 54 In section 99B of that Act (persons qualifying for compensation... 55 In section 101 of that Act (rent not to be... 56 In section 171B of that Act (extent of preserved right... The Insolvency Act 1986 (c. 45) 57 (1) Section 336 of the Insolvency Act 1986 (rights of... 58 (1) Section 337 of that Act is amended as follows.... The Housing Act 1988 (c. 50) 59 (1) Section 9 of the Housing Act 1988 (extended discretion... The Children Act 1989 (c. 41) 60 (1) In section 8(4) of the Children Act 1989 (meaning... The Courts and Legal Services Act 1990 (c. 41) 61................................ SCHEDULE 9 — Modifications, saving and transitional Transitional arrangements for those who have been living apart 1 (1) The Lord Chancellor may by order provide for the... Modifications of enactments etc. 2 (1) The Lord Chancellor may by order make such consequential... 3 If an Act or subordinate legislation— (a) refers to an...
Family Law Act 1996 (c. 27) Document Generated: 2022-05- 13 Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Family Law Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. View outstanding changes Changes and effects yet to be applied to :
- s. 5(3)7(9) restricted by 1996 c. 27 s. 19(5)Sch. 3 para. 8 (replacing1973 c 45 Sch. 1 para.010(2)withpara. 10(1A)) (This amendment not applied to legislation.gov.uk. Sch. 3 para. 8 repealed (13.5.2014) without ever being in force by 2014 c. 6, s. 18(1))
- s. 65(3) word omitted by 2013 c. 22 Sch. 11 para. 143(a)
- s. 65(3) words inserted by 2007 c. 20 Sch. 2 para. 3(3)(a) (This amendment not applied to legislation.gov.uk. Sch. 2 para. 3(3) repealed (22.4.2014) by 2013 c. 22, s. 61(3), Sch. 11 para. 210 Table; S.I. 2014/954, art. 2(e) (with art. 3 and S.I. 2014/956, arts. 3-11))
- s. 65(4) words inserted by 2007 c. 20 Sch. 2 para. 3(3)(b) (This amendment not applied to legislation.gov.uk. Sch. 2 para. 3(3) repealed (22.4.2014) by 2013 c. 22, s. 61(3), Sch. 11 para. 210 Table; S.I. 2014/954, art. 2(e) (with art. 3 and S.I. 2014/956, arts. 3-11))
- s. 65(4) words omitted by 2013 c. 22 Sch. 11 para. 143(b)
- Sch. 7 para. 2(2)(a) substituted by 2020 c. 11 Sch. para. 54(2)
- Sch. 7 para. 12(a) words substituted by 2020 c. 11 Sch. para. 54(3)(a)
- Sch. 7 para. 12(a) words substituted by 2020 c. 11 Sch. para. 54(3)(b)
- Sch. 7 para. 13(1) words substituted by 2020 c. 11 Sch. para. 54(4)
- Sch. 8 para. 7 omitted by 2013 c. 13 Sch. 2 para. 4
- Sch. 8 para. 53 repealed by 2008 c. 17 Sch. 16
- Sch. 8 para. 59 and cross-heading repealed by 2008 c. 17 Sch. 16 Changes and effects yet to be applied to the whole Act associated Parts and Chapters: Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 63(2)(k) inserted by 2021 c. 17 s. 52(2)
- Sch. 7 para. 13A and cross-heading inserted by 2020 c. 11 Sch. para. 54(5)
