Family Law Act 1996

Section 9(6).

SCHEDULE 1Arrangements for the future

The first exemption

1The circumstances referred to in section 9(7)(a) are that—

(a)the requirements of section 11 have been satisfied;

(b)the applicant has, during the period for reflection and consideration, taken such steps as are reasonably practicable to try to reach agreement about the parties' financial arrangements; and

(c)the applicant has made an application to the court for financial relief and has complied with all requirements of the court in relation to proceedings for financial relief but—

(i)the other party has delayed in complying with requirements of the court or has otherwise been obstructive; or

(ii)for reasons which are beyond the control of the applicant, or of the other party, the court has been prevented from obtaining the information which it requires to determine the financial position of the parties.

The second exemption

2The circumstances referred to in section 9(7)(b) are that—

(a)the requirements of section 11 have been satisfied;

(b)the applicant has, during the period for reflection and consideration, taken such steps as are reasonably practicable to try to reach agreement about the parties' financial arrangements;

(c)because of—

(i)the ill health or disability of the applicant, the other party or a child of the family (whether physical or mental), or

(ii)an injury suffered by the applicant, the other party or a child of the family,

the applicant has not been able to reach agreement with the other party about those arrangements and is unlikely to be able to do so in the foreseeable future; and

(d)a delay in making the order applied for under section 3—

(i)would be significantly detrimental to the welfare of any child of the family; or

(ii)would be seriously prejudicial to the applicant.

The third exemption

3The circumstances referred to in section 9(7)(c) are that—

(a)the requirements of section 11 have been satisfied;

(b)the applicant has found it impossible to contact the other party; and

(c)as a result, it has been impossible for the applicant to reach agreement with the other party about their financial arrangements.

The fourth exemption

4The circumstances referred to in section 9(7)(d) are that—

(a)the requirements of section 11 have been satisfied;

(b)an occupation order or a non-molestation order is in force in favour of the applicant or a child of the family, made against the other party;

(c)the applicant has, during the period for reflection and consideration, taken such steps as are reasonably practicable to try to reach agreement about the parties' financial arrangements;

(d)the applicant has not been able to reach agreement with the other party about those arrangements and is unlikely to be able to do so in the foreseeable future; and

(e)a delay in making the order applied for under section 3—

(i)would be significantly detrimental to the welfare of any child of the family; or

(ii)would be seriously prejudicial to the applicant.

Court orders and agreements

5(1)Section 9 is not to be read as requiring any order or agreement to have been carried into effect at the time when the court is considering whether arrangements for the future have been made by the parties.

(2)The fact that an appeal is pending against an order of the kind mentioned in section 9(2)(a) is to be disregarded.

Financial arrangements

6In section 9 and this Schedule“financial arrangements” has the same meaning as in section 34(2) of the 1973 Act.

Negotiated agreements

7In section 9(2)(b)“negotiated agreement” means a written agreement between the parties as to future arrangements—

(a)which has been reached as the result of mediation or any other form of negotiation involving a third party; and

(b)which satisfies such requirements as may be imposed by rules of court.

Declarations

8(1)Any declaration of a kind mentioned in section 9—

(a)must be in a prescribed form;

(b)must, in prescribed cases, be accompanied by such documents as may be prescribed; and

(c)must, in prescribed cases, satisfy such other requirements as may be prescribed.

(2)The validity of a divorce order or separation order made by reference to such a declaration is not to be affected by any inaccuracy in the declaration.

Interpretation

9In this Schedule—

• “financial relief” has such meaning as may be prescribed; and

• “prescribed” means prescribed by rules of court.