Family Law Act 1996
Family Law Act 1996 (1996 c. 27)
- Family Law Act 1996 (1996 c. 27)
- 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.
- 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.
- Occupation orders
- 33 Occupation orders where applicant has estate or interest etc. or has home rights.
- 34 Effect of order under s. 33 where rights are charge on dwelling-house.
- 35 One former spouse or former civil partner with no existing right to occupy.
- 36 One cohabitant or former cohabitant with no existing right to occupy.
- 37 Neither spouse or civil partner entitled to occupy.
- 38 Neither cohabitant or former cohabitant entitled to occupy.
- 39 Supplementary provisions.
- 40 Additional provisions that may be included in certain occupation orders.
- 41 Additional considerations if parties are cohabitants or former cohabitants.
- Non-molestation orders
- 42 Non-molestation orders.
- 42A Offence of breaching non-molestation order
- Further provisions relating to occupation and non-molestation orders
- 43 Leave of court required for applications by children under sixteen.
- 44 Evidence of agreement to marry or form a civil partnership.
- 45 Ex parte orders.
- 46 Undertakings.
- 47 Arrest for breach of order.
- 48 Remand for medical examination and report.
- 49 Variation and discharge of orders.
- Enforcement powers of magistrates’ courts
- 50 Power of magistrates’ court to suspend execution of committal order.
- 51 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.
- 55 Actions by mortgagees: joining connected persons as parties.
- 56 Actions by mortgagees: service of notice on certain persons.
- Jurisdiction and procedure etc.
- 57 Jurisdiction of courts.
- 58 Contempt proceedings.
- 59 Magistrates’ courts.
- 60 Provision for third parties to act on behalf of victims of domestic violence.
- 61 Appeals.
- 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
- The first exemption
- The second exemption
- The third exemption
- The fourth exemption
- Court orders and agreements
- Financial arrangements
- Negotiated agreements
- Declarations
- Interpretation
- SCHEDULE 2 Financial provision
- Introductory
- The orders
- Financial provision: divorce and separation
- Financial provision: nullity of marriage
- Property adjustment orders: divorce and separation
- Property adjustment orders: nullity
- Pension sharing orders: divorce and nullity
- Period of secured and unsecured payments orders
- Variations et ceteralaetc. following reconciliations
- SCHEDULE 3 Stay of proceedings
- Introductory
- Interpretation
- Duty to furnish particulars of concurrent proceedings
- Obligatory stays in divorce cases
- Discretionary stays
- Discharge of orders
- Ancillary matters
- SCHEDULE 4 Provisions supplementary to sections 30 and 31
- Interpretation
- Restriction on registration where spouse entitled to more than one charge
- Contract for sale of house affected by registered charge to include term requiring cancellation of registration before completion
- Cancellation of registration after termination of marriage or civil partnership, etc.
- Release of home rights
- Postponement of priority of charge
- SCHEDULE 5 Powers of High Court and county court to remand
- Interpretation
- Remand in custody or on bail
- Further remand
- Postponement of taking of recognizance
- SCHEDULE 6 Amendments of Children Act 1989
- SCHEDULE 7 Transfer of certain tenancies on divorce etc. or on separation of cohabitants
- Part I General
- Interpretation
- Cases in which the court may make an order
- Matters to which the court must have regard
- Part II Orders that may be made
- References to entitlement to occupy
- Protected, secure or assured tenancy or assured agricultural occupancy
- Statutory tenancy within the meaning of the Rent Act 1977
- Statutory tenancy within the meaning of the Rent (Agriculture) Act 1976
- Part III Supplementary provisions
- Compensation
- Liabilities and obligations in respect of the dwelling-house
- Date when order made between spouses or civil partners takes effect
- Effect of remarriage or subsequent civil partnership
- Inclusion of references to decrees in references to orders
- Rules of court
- Saving for other provisions of Act
- SCHEDULE 8 Minor and consequential amendments
- Part I Amendments connected with Part II
- The Wills Act 1837 (c. 26)
- The Judicial Proceedings (Regulation of Reports) Act 1926 (c. 61)
- The Maintenance Orders Act 1950 (c. 37)
- The Matrimonial Causes Act 1973 (c. 18)
- The Domicile and Matrimonial Proceedings Act 1973 (c. 45)
- The Inheritance (Provision for Family and Dependants) Act 1975 (c. 63)
- The Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)
- The Housing Act 1980 (c. 51)
- Senior Courts Act 1981(c. 54)
- The Civil Jurisdiction and Judgments Act 1982 (c. 27)
- The Matrimonial and Family Proceedings Act 1984 (c. 42)
- The Finance Act 1985 (c. 54)
- The Housing Act 1985 (c. 68)
- The Housing Associations Act 1985 (c. 69)
- The Agricultural Holdings Act 1986 (c. 5)
- The Family Law Act 1986 (c. 55)
- The Landlord and Tenant Act 1987 (c. 31)
- The Legal Aid Act 1988 (c. 34)
- The Housing Act 1988 (c. 50)
- The Children Act 1989 (c. 41)
- The Local Government and Housing Act 1989 (c. 42)
- Pensions Act 1995 (c. 26)
- The Welfare Reform and Pensions Act 1999
- Part II Amendments connected with Part III
- The Legal Aid Act 1988 (c. 34)
- Part III Amendments connected with Part IV
- The Land Registration Act 1925 (c. 21)
- The Land Charges Act 1972 (c. 61)
- The Land Compensation Act 1973 (c. 26)
- The Magistrates’ Courts Act 1980 (c. 43)
- The Contempt of Court Act 1981 (c. 49)
- Senior Courts Act 1981(c. 54)
- The Matrimonial and Family Proceedings Act 1984 (c. 42)
- The Housing Act 1985 (c. 68)
- The Insolvency Act 1986 (c. 45)
- The Housing Act 1988 (c. 50)
- The Children Act 1989 (c. 41)
- The Courts and Legal Services Act 1990 (c. 41)
- SCHEDULE 9 Modifications, saving and transitional
- Transitional arrangements for those who have been living apart
- Modifications of enactments etc.
- Expressions used in paragraphs 2 and 3
- Proceedings under way
- Interpretation
- Pending applications for orders relating to occupation and molestation
- Pending applications under Schedule 1 to the Matrimonial Homes Act 1983
- Existing orders relating to occupation and molestation
- Matrimonial home rights
- SCHEDULE 10 Repeals
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