Family Law Act 1996 (c. 27)

(The document as of February, 2008)

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(4) In section 8, insert after subsection (4)--

" (5) For the purposes of any reference in this Act to family proceedings, powers which under this Act are exercisable in family proceedings shall also be exercisable in relation to a child, without any such proceedings having been commenced or any application having been made to the court under this Act, if--

(a) a statement of marital breakdown under section 5 of the Family Law Act 1996 with respect to the marriage in relation to which that child is a child of the family has been received by the court; and

(b) it may, in due course, become possible for an application for a divorce order or for a separation order to be made by reference to that statement. "

The Local Government and Housing Act 1989 (c. 42)

42 In section 124(3)(c) of the Local Government and Housing Act 1989 (which refers to the 1973 Act), for "section 24" substitute "section 23A or 24".

Pensions Act 1995 (c. 26)

43 In section 166(4) of the Pensions Act 1995 (jurisdiction of the court under the Matrimonial Causes Act 1973 in respect of pensions to which that section applies) for "section 23" substitute "section 22A or 23".

Part II Amendments connected with Part III

The Legal Aid Act 1988 (c. 34)

44 (1) The 1988 Act is amended as follows.

(2) In section 1, after "III" insert "IIIA".

(3) In sections 1, 2(11), 3(2), 4(1), (2) and (4), 5(1) and (6), 6(2)(a) and (3)(a), 34(2)(c) and (d) and (11), 38(1) and (6) and 39(1) and (4)(a), after "assistance", in each place, insert ", mediation".

(4) In section 3(9), after paragraph (a) insert--

" (aa) the provision of mediation; " .

(5) In section 6, after subsection (3)(c) insert--

" (ca) any sum which is to be paid out of property on which it is charged under regulations under section 13C(5) below " .

(6) In section 15--

(a) in subsection (1), after "(3D)" insert "and (3F)"; and

(b) in subsection (3D), after "(3)" insert "and (3F)".

(7) In section 16(9), leave out "and" at the end of paragraph (a).

(8) In section 38--

(a) in subsection (1)(f), after "legal representatives" insert "or mediators"; and

(b) in subsection (6), after "legal representative" insert "or mediator".

(9) In section 43--

(a) after ""assistance"" insert ", "mediation"";

(b) after "(3)" insert ", (3A)"; and

(c) after the definition of "financial resources" insert--

" "family matters" has the meaning assigned by section 13A(2); " .

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 to be produced and noted on dealings) in subsection (5) for "section 2(8) of the Matrimonial Homes Act 1983" substitute "section 31(10) of the Family Law Act 1996 and for "rights of occupation" substitute "matrimonial home rights"".

The Land Charges Act 1972 (c. 61)

46 In section 1(6A) of the Land Charges Act 1972 (cases where county court has jurisdiction to vacate registration) in paragraph (d)--

(a) after "section 1 of the Matrimonial Homes Act 1983" insert "or section 33 of the Family Law Act 1996"; and

(b) for "that section" substitute "either of those sections".

47 In section 2(7) of that Act (Class F land charge) for "Matrimonial Homes Act 1983" substitute "Part IV of the Family Law Act 1996".

The Land Compensation Act 1973 (c. 26)

48 (1) Section 29A of the Land Compensation Act 1973 (spouses having statutory rights of occupation) is amended as follows.

(2) In subsection (1), for "rights of occupation (within the meaning of the Matrimonial Homes Act 1983)" substitute "matrimonial home rights (within the meaning of Part IV of the Family Law Act 1996)".

(3) In subsection (2)(a), for "rights of occupation" substitute "matrimonial home rights".

The Magistrates' Courts Act 1980 (c. 43)

49 In section 65(1) of the Magistrates' Courts Act 1980 (meaning of family proceedings) after paragraph (o) insert--

" (p) Part IV of the Family Law Act 1996; " .

The Contempt of Court Act 1981 (c. 49)

50 In Schedule 3 to the Contempt of Court Act 1981 (application of Magistrates' Courts Act 1980 to civil contempt proceedings), in paragraph 3 for the words from ""or, having been arrested"onwards substitute--

" "or, having been arrested under section 47 of the Family Law Act 1996 in connection with the matter of the complaint, is at large after being remanded under subsection (7)(b) or (10) of that section." "

The Supreme Court Act 1981 (c. 54)

51 In Schedule 1 to the Supreme Court Act 1981 (distribution of business in High Court), in paragraph 3 (Family Division)--

(a) in paragraph (d), after "matrimonial proceedings" insert "or proceedings under Part IV of the Family Law Act 1996", and

(b) in paragraph (f)(i), for "Domestic Violence and Matrimonial Proceedings Act 1976" substitute "Part IV of the Family Law Act 1996".

The Matrimonial and Family Proceedings Act 1984 (c. 42)

52 For section 22 of the Matrimonial and Family Proceedings Act 1984 substitute--

" 22 Powers of court in relation to certain tenancies of dwelling-houses

(1) This section applies if--

(a) an application is made by a party to a marriage for an order for financial relief; and

(b) one of the parties is entitled, either in his own right or jointly with the other party, to occupy a dwelling-house situated in England or Wales by virtue of a tenancy which is a relevant tenancy within the meaning of Schedule 7 to the Family Law Act 1996 (certain statutory tenancies).

(2) The court may make in relation to that dwelling-house any order which it could make under Part II of that Schedule if--

(a) a divorce order,

(b) a separation order, or

(c) a decree of nullity of marriage,

had been made or granted in England and Wales in respect of the marriage.

(3) The provisions of paragraphs 10, 11 and 14(1) in Part III of that Schedule apply in relation to any order under this section as they apply to any order under Part II of that Schedule. "

The Housing Act 1985 (c. 68)

53 (1) Section 85 of the Housing Act 1985 (extended discretion of court in certain proceedings for possession) is amended as follows.

(2) In subsection (5)--

(a) in paragraph (a), for "rights of occupation under the Matrimonial Homes Act 1983" substitute "matrimonial home rights under Part IV of the Family Law Act 1996"; and

(b) for "those rights of occupation" substitute "those matrimonial home rights".

(3) After subsection (5) insert--

" (5A) If proceedings are brought for possession of a dwelling-house which is let under a secure tenancy and--

(a) an order is in force under section 35 of the Family Law Act 1996 conferring rights on the former spouse of the tenant or an order is in force under section 36 of that Act conferring rights on a cohabitant or former cohabitant (within the meaning of that Act) of the tenant,

(b) the former spouse, cohabitant or former cohabitant is then in occupation of the dwelling-house, and

(c) the tenancy is terminated as a result of those proceedings,

the former spouse, cohabitant or former cohabitant shall, so long as he or she remains in occupation, have the same rights in relation to, or in connection with, any adjournment, stay, suspension or postponement in pursuance of this section as he or she would have if the rights conferred by the order referred to in paragraph (a) were not affected by the termination of the tenancy. "

54 In section 99B of that Act (persons qualifying for compensation for improvements) in subsection (2) for paragraph (f) substitute--

" (f) a spouse, former spouse, cohabitant or former cohabitant of the improving tenant to whom the tenancy has been transferred by an order made under Schedule 1 to the Matrimonial Homes Act 1983 or Schedule 7 to the Family Law Act 1996. "

55 In section 101 of that Act (rent not to be increased on account of tenant's improvements) in subsection (3) for paragraph (d) substitute--

" (d) a spouse, former spouse, cohabitant or former cohabitant of the tenant to whom the tenancy has been transferred by an order made under Schedule 1 to the Matrimonial Homes Act 1983 or Schedule 7 to the Family Law Act 1996. "

56 In section 171B of that Act (extent of preserved right to buy: qualifying persons and dwelling-houses) in subsection (4)(b)(ii) after "Schedule 1 to the Matrimonial Homes Act 1983" insert "or Schedule 7 to the Family Law Act 1996".

The Insolvency Act 1986 (c. 45)

57 (1) Section 336 of the Insolvency Act 1986 (rights of occupation etc. of bankrupt's spouse) is amended as follows.

(2) In subsection (1), for "rights of occupation under the Matrimonial Homes Act 1983" substitute "matrimonial home rights under Part IV of the Family Law Act 1996".

(3) In subsection (2)--

(a) for "rights of occupation under the Act of 1983" substitute "matrimonial home rights under the Act of 1996", and

(b) in paragraph (b), for "under section 1 of that Act" substitute "under section 33 of that Act".

(4) In subsection (4), for "section 1 of the Act of 1983" substitute "section 33 of the Act of 1996".

58 (1) Section 337 of that Act is amended as follows.

(2) In subsection (2), for "rights of occupation under the Matrimonial Homes Act 1983" substitute "matrimonial home rights under Part IV of the Family Law Act 1996".

(3) For subsection (3) substitute--

" (3) The Act of 1996 has effect, with the necessary modifications, as if--

(a) the rights conferred by paragraph (a) of subsection (2) were matrimonial home rights under that Act,

(b) any application for such leave as is mentioned in that paragraph were an application for an order under section 33 of that Act, and

(c) any charge under paragraph (b) of that subsection on the estate or interest of the trustee were a charge under that Act on the estate or interest of a spouse. "

(4) In subsections (4) and (5) for "section 1 of the Act of 1983" substitute "section 33 of the Act of 1996".

The Housing Act 1988 (c. 50)

59 (1) Section 9 of the Housing Act 1988 (extended discretion of court in possession claims) is amended as follows.

(2) In subsection (5)--

(a) in paragraph (a), for "rights of occupation under the Matrimonial Homes Act 1983" substitute "matrimonial home rights under Part IV of the Family Law Act 1996", and

(b) for "those rights of occupation" substitute "those matrimonial home rights".

(3) After subsection (5) insert--

" (5A) In any case where--

(a) at a time when proceedings are brought for possession of a dwelling-house let on an assured tenancy--

(i) an order is in force under section 35 of the Family Law Act 1996 conferring rights on the former spouse of the tenant, or

(ii) an order is in force under section 36 of that Act conferring rights on a cohabitant or former cohabitant (within the meaning of that Act) of the tenant,

(b) that cohabitant, former cohabitant or former spouse is then in occupation of the dwelling-house, and

(c) the assured tenancy is terminated as a result of those proceedings,

the cohabitant, former cohabitant or former spouse shall have the same rights in relation to, or in connection with, any such adjournment as is referred to in subsection (1) above or any such stay, suspension or postponement as is referred to in subsection (2) above as he or she would have if the rights conferred by the order referred to in paragraph (a) above were not affected by the termination of the tenancy. "

The Children Act 1989 (c. 41)

60 (1) In section 8(4) of the Children Act 1989 (meaning of "family proceedings" for purposes of that Act), omit paragraphs (c) and (f) and after paragraph (g) insert--

" (h) the Family Law Act 1996. "

(2) In Schedule 11 to that Act, in paragraph 6(a) (amendment of the [1978 c. 22.] Domestic Proceedings and Magistrates' Courts Act 1978), for "sections 16(5)(c) and" substitute "section".

The Courts and Legal Services Act 1990 (c. 41)

61 In section 58 of the Courts and Legal Services Act 1990 (conditional fee agreements) in subsection (10), omit paragraphs (b) and (e) and immediately before the "or" following paragraph (g) insert--

" (gg) Part IV of the Family Law Act 1996 " .

Section 66(2).

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 application of Part II to marital proceedings which--

(a) are begun during the transitional period, and

(b) relate to parties to a marriage who immediately before the beginning of that period were living apart,

subject to such modifications (which may include omissions) as may be prescribed.

(2) An order made under this paragraph may, in particular, make provision as to the evidence which a party who claims to have been living apart from the other party immediately before the beginning of the transitional period must produce to the court.

(3) In this paragraph--

• "marital proceedings" has the same meaning as in section 24;

• "prescribed" means prescribed by the order; and

• "transitional period" means the period of two years beginning with the day on which section 3 is brought into force.

Modifications of enactments etc.

2 (1) The Lord Chancellor may by order make such consequential modifications of any enactment or subordinate legislation as appear to him necessary or expedient in consequence of Part II in respect of any reference (in whatever terms) to--

(a) a petition;

(b) the presentation of a petition;

(c) the petitioner or respondent in proceedings on a petition;

(d) proceedings on a petition;

(e) proceedings in connection with any proceedings on a petition;

(f) any other matrimonial proceedings;

(g) a decree; or

(h) findings of adultery in any proceedings.

(2) An order under sub-paragraph (1) may, in particular--

(a) make provision applying generally in relation to enactments and subordinate legislation of a description specified in the order;

(b) modify the effect of sub-paragraph (3) in relation to documents and agreements of a description so specified.

(3) Otherwise a reference (in whatever terms) in any instrument or agreement to the presentation of a petition or to a decree has effect, in relation to any time after the coming into force of this paragraph--

(a) in the case of a reference to the presentation of a petition, as if it included a reference to the making of a statement; and

(b) in the case of a reference to a decree, as if it included a reference to a divorce order or (as the case may be) a separation order.

3 If an Act or subordinate legislation--

(a) refers to an enactment repealed or amended by or under this Act, and

(b) was passed or made before the repeal or amendment came into force,

the Lord Chancellor may by order make such consequential modifications of any provision contained in the Act or subordinate legislation as appears to him necessary or expedient in respect of the reference.

Expressions used in paragraphs 2 and 3

4 In paragraphs 2 and 3--

• "decree" means a decree of divorce (whether a decree nisi or a decree which has been made absolute) or a decree of judicial separation;

• "instrument" includes any deed, will or other instrument or document

• "petition" means a petition for a decree of divorce or a petition for a decree of judicial separation; and

• "subordinate legislation" has the same meaning as in the [1978 c. 30.] Interpretation Act 1978.

Proceedings under way

5 (1) Except for paragraph 6 of this Schedule, nothing in any provision of Part II, Part I of Schedule 8 or Schedule 10--

(a) applies to, or affects--

(i) any decree granted before the coming into force of the provision;

(ii) any proceedings begun, by petition or otherwise, before that time; or

(iii) any decree granted in any such proceedings;

(b) affects the operation of--

(i) the 1973 Act,

(ii) any other enactment, or

(iii) any subordinate legislation,

in relation to any such proceedings or decree or to any proceedings in connection with any such proceedings or decree; or

(c) without prejudice to paragraph (b), affects any transitional provision having effect under Schedule 1 to the 1973 Act.

(2) In this paragraph,"subordinate legislation" has the same meaning as in the [1978 c. 30.] Interpretation Act 1978.

6 (1) Section 31 of the 1973 Act has effect as amended by this Act in relation to any order under Part II of the 1973 Act made after the coming into force of the amendments.

(2) Subsections (7) to (7F) of that section also have effect as amended by this Act in relation to any order made before the coming into force of the amendments.

Interpretation

7 In paragraphs 8 to 15 "the 1983 Act" means the [1983 c. 19.] Matrimonial Homes Act 1983.

Pending applications for orders relating to occupation and molestation

8 (1) In this paragraph and paragraph 10"the existing enactments" means--

(a) the [1976 c. 50.] Domestic Violence and Matrimonial Proceedings Act 1976;

(b) sections 16 to 18 of the [1978 c. 22.] Domestic Proceedings and Magistrates' Courts Act 1978; and

(c) sections 1 and 9 of the 1983 Act.

(2) Nothing in Part IV, Part III of Schedule 8 or Schedule 10 affects any application for an order or injunction under any of the existing enactments which is pending immediately before the commencement of the repeal of that enactment.

Pending applications under Schedule 1 to the Matrimonial Homes Act 1983

9 Nothing in Part IV, Part III of Schedule 8 or Schedule 10 affects any application for an order under Schedule 1 to the 1983 Act which is pending immediately before the commencement of the repeal of that Schedule.

Existing orders relating to occupation and molestation

10 (1) In this paragraph"an existing order" means any order or injunction under any of the existing enactments which--

(a) is in force immediately before the commencement of the repeal of that enactment; or

(b) was made or granted after that commencement in proceedings brought before that commencement.

(2) Subject to sub-paragraphs (3) and (4), nothing in Part IV, Part III of Schedule 8 or Schedule 10--

(a) prevents an existing order from remaining in force; or

(b) affects the enforcement of an existing order.

(3) Nothing in Part IV, Part III of Schedule 8 or Schedule 10 affects any application to extend, vary or discharge an existing order, but the court may, if it thinks it just and reasonable to do so, treat the application as an application for an order under Part IV.

(4) The making of an order under Part IV between parties with respect to whom an existing order is in force discharges the existing order.

Matrimonial home rights

11 (1) Any reference (however expressed) in any enactment, instrument or document (whether passed or made before or after the passing of this Act) to rights of occupation under, or within the meaning of, the 1983 Act shall be construed, so far as is required for continuing the effect of the instrument or document, as being or as the case requires including a reference to matrimonial home rights under, or within the meaning of, Part IV.

(2) Any reference (however expressed) in this Act or in any other enactment, instrument or document (including any enactment amended by Schedule 8) to matrimonial home rights under, or within the meaning of, Part IV shall be construed as including, in relation to times, circumstances and purposes before the commencement of sections 30 to 32, a reference to rights of occupation under, or within the meaning of, the 1983 Act.

12 (1) Any reference (however expressed) in any enactment, instrument or document (whether passed or made before or after the passing of this Act) to registration under section 2(8) of the 1983 Act shall, in relation to any time after the commencement of sections 30 to 32, be construed as being or as the case requires including a reference to registration under section 31(10).

(2) Any reference (however expressed) in this Act or in any other enactment, instrument or document (including any enactment amended by Schedule 8) to registration under section 31(10) shall be construed as including a reference to--

(a) registration under section 2(7) of the [1967 c. 75.] Matrimonial Homes Act 1967 or section 2(8) of the 1983 Act, and

(b) registration by caution duly lodged under section 2(7) of the Matrimonial Homes Act 1967 before 14th February 1983 (the date of the commencement of section 4(2) of the [1981 c. 24.] Matrimonial Homes and Property Act 1981).

13 In sections 30 and 31 and Schedule 4--

(a) any reference to an order made under section 33 shall be construed as including a reference to an order made under section 1 of the 1983 Act, and

(b) any reference to an order made under section 33(5) shall be construed as including a reference to an order made under section 1 of the 1983 Act by virtue of section 2(4) of that Act.

14 Neither section 31(11) nor the repeal by the Matrimonial Homes and Property Act 1981 of the words "or caution" in section 2(7) of the Matrimonial Homes Act 1967, affects any caution duly lodged as respects any estate or interest before 14th February 1983.

15 Nothing in this Schedule is to be taken to prejudice the operation of sections 16 and 17 of the [1978 c. 30.] Interpretation Act 1978 (which relate to the effect of repeals).

Section 66(3).

SCHEDULE 10 Repeals

Chapter	Short title	Extent of repeal
1968 c. 63.	The Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968.	Section 2(1)(b).
1973 c. 18.	The Matrimonial Causes Act 1973.	Sections 1 to 7.
		In section 8(1)(b), the words "or before the decree nisi is made absolute".
		Sections 9 and 10.
		Sections 17 and 18.
		Section 20.
		Section 22.
		In section 24A(3), the words "divorce or".
		In section 25(2)(h), the words "in the case of proceedings for divorce or nullity of marriage,".
		In section 28(1), the words from "in", in the first place where it occurs, to "nullity of marriage" in the first place where those words occur.
		In section 29(2), the words from "may begin" to "but".
		In section 30, the words "divorce" and "or judicial separation".
		In section 31, in subsection (2)(a), the words "order for maintenance pending suit and any".
		In section 41, in subsection (1) the words "divorce or" and "or a decree of judicial separation" and in subsection (2) the words "divorce or" and "or that the decree of judicial separation is not to be granted."
		Section 49.
		In section 52(2)(b), the words "to orders for maintenance pending suit and", "respectively" and "section 22 and".
		In Schedule 1, paragraph 8.
1973 c. 45.	The Domicile and Matrimonial Proceedings Act 1973.	In section 5, in subsection (1), the words "subject to section 6(3) and (4) of this Act" and, in paragraph (a), "divorce, judicial separation or" and subsection (2).
		Section 6(3) and (4).
		In Schedule 1, in paragraph 11, in sub-paragraph (2)(a), in sub-paragraph (2)(c), in the first place where they occur, and in sub-paragraph (3)(b) and (c), the words "in connection with the stayed proceedings".
1976 c. 50.	The Domestic Violence and Matrimonial Proceedings Act 1976.	The whole Act.
1978 c. 22.	The Domestic Proceedings and Magistrates' Courts Act 1978.	In section 1, paragraphs (c) and (d) and the word "or" preceding paragraph (c).
		In section 7(1), the words "neither party having deserted the other".
		Sections 16 to 18.
		Section 28(2).
		Section 63(3).
		In Schedule 2, paragraphs 38 and 53.
1980 c. 43.	The Magistrates' Courts Act 1980.	In Schedule 7, paragraph 159.
1981 c. 54.	The Supreme Court Act 1981.	In section 18(1)(d), the words "divorce or".
1982 c. 53.	The Administration of Justice Act 1982.	Section 16.
1983 c. 19.	The Matrimonial Homes Act 1983.	The whole Act.
1984 c. 42.	The Matrimonial and F
1988 c. 34.	The Legal Aid Act 1988.	In section 16(9), the word "and" at the end of paragraph (a).
1988 c. 50.	The Housing Act 1988.	In Schedule 17, paragraphs 33 and 34.
1989 c. 41.	The Children Act 1989.	Section 8(4)(c) and (f).
		In Schedule 11, paragraph 6(b).
		In Schedule 13, paragraphs 33(1) and 65(1).
1990 c. 41.	The Courts and Legal Services Act 1990.	Section 58(10)(b) and (e).
		In Schedule 18, paragraph 21.
1995 c. 42.	The Private International Law (Miscellaneous Provisions) Act 1995.	In the Schedule, paragraph 3.

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