Family Law Act 1996

Section 66(1).

SCHEDULE 8E+W Minor and consequential amendments

Part IE+W Amendments connected with Part II

The Matrimonial Causes Act 1973 (c. 18)E+W

16(1)Section 31 (variation etc. of orders) is amended as follows.E+W

(2)In subsection (2)—

(a)after “following orders” insert “ under this Part of this Act ”;

(b)for paragraph (d) substitute—

“(d)an order for the payment of a lump sum in a case in which the payment is to be by instalments;”;

(c)in paragraph (dd), for “23(1)(c)” substitute “ 21(1)(c) ”;

(d)after paragraph (dd) insert—

“(de)any other order for the payment of a lump sum, if it is made at a time when no divorce order has been made, and no separation order is in force, in relation to the marriage;”;

(e)for paragraph (e) substitute—

“(e)any order under section 23A of a kind referred to in section 21(2)(b),(c) or (d) which is made on or after the making of a separation order;

(ea)any order under section 23A which is made at a time when no divorce order has been made, and no separation order is in force, in relation to the marriage;”

[F2(f)after paragraph (f) there is inserted—

“(fa)a pension sharing order under section 24B which is made at a time when no divorce order has been made, and no separation order is in force, in relation to the marriage; ”

(g)in paragraph (g), for “24B” substitute “24BB”.]

(3)In subsection (4)—

(a)for the words from “for a settlement” to “24(1)(c) or (d)”, substitute “ referred to in subsection (2)(e) ”; and

(b)for paragraphs (a) and (b) substitute “ on an application for a divorce order in relation to the marriage ”.

[F3(3A)In subsection (4A), after “paragraph” insert “(de), (ea), (fa) or”.]

(4)After [F4subsection (4A) insert—]

[F5“(4AA)]No variation—

(a)of a financial provision order made under section 22A above, other than an interim order, or

(b)of a property adjustment order made under section 23A above,

shall be made so as to take effect before the making of a divorce order or separation order in relation to the marriage, unless the court is satisfied that the circumstances of the case are exceptional, and that it would be just and reasonable for the variation to be so made.”

[F6(4AB)No variation of a pension sharing order under section 24B above shall be made so as to take effect before the making of a divorce order in relation to the marriage.]

[F7(4A)In subsection (4B), after “order” insert “under section 24BB above”.]

(5)In subsection (5)—

(a)insert, at the beginning, “Subject to subsections (7A) to (7F) below and without prejudice to any power exercisable by virtue of subsection (2)(d),(dd) or (e) above or otherwise than by virtue of this section,”; and

(b)for “section 23”, in each place, substitute “ section 22A or 23 ”.

(6)In subsection (7)(a)—

(a)for “on or after” to “consider” substitute “ in favour of a party to a marriage, the court shall, if the marriage has been dissolved or annulled, consider ”; and

(b)after “sufficient” insert “ (in the light of any proposed exercise by the court, where the marriage has been dissolved, of its powers under subsection (7B) below) ”.

(7)After subsection (7), insert—

“(7A)Subsection (7B) below applies where, after the dissolution of a marriage, the court—

(a)discharges a periodical payments order or secured periodical payments order made in favour of a party to the marriage; or

(b)varies such an order so that payments under the order are required to be made or secured only for such further period as is determined by the court.

(7B)The court has power, in addition to any power it has apart from this subsection, to make supplemental provision consisting of any of—

(a)an order for the payment of a lump sum in favour of a party to the marriage;

(b)one or more property adjustment orders in favour of a party to the marriage;

(c)a direction that the party in whose favour the original order discharged or varied was made is not entitled to make any further application for—

(i)a periodical payments or secured periodical payments order, or

(ii)an extension of the period to which the original order is limited by any variation made by the court.

(7C)An order for the payment of a lump sum made under subsection (7B) above may—

(a)provide for the payment of that sum by instalments of such amount as may be specified in the order; and

(b)require the payment of the instalments to be secured to the satisfaction of the court.

(7D)Subsections (7) and (8) of section 22A above apply where the court makes an order for the payment of a lump sum under subsection (7B) above as they apply where it makes such an order under section 22A above.

(7E)If under subsection (7B) above the court makes more than one property adjustment order in favour of the same party to the marriage, each of those orders must fall within a different paragraph of section 21(2) above.

(7F)Sections 24A and 30 above apply where the court makes a property adjustment order under subsection (7B) above as they apply where it makes such an order under section 23A above.”

[F8(8)After subsection (7F) insert—

“(7FA)Section 24B(3) above applies where the court makes a pension sharing order under subsection (7B) above as it applies where the court makes such an order under section 24B above. ”

(9)In subsection (7G)—

(a)for “Subsections (3) to (5) of section 24B” substitute “Section 24BA(5) to (7)”, and

(b)for “that section” substitute “section 24B above”.]

[F10Part IIE+W Amendments connected with Part III]

The Legal Aid Act 1988 (c. 34)E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IIIE+W Amendments connected with Part IV

The Land Registration Act 1925 (c. 21)E+W

45E+WF11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Land Charges Act 1972 (c. 61)E+W

46E+WIn 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 ”.

47E+WIn 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)E+W

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

(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)F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Magistrates’ Courts Act 1980 (c. 43)E+W

49E+WIn 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)E+W

50E+WIn 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)E+W

51In 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)E+W

52E+WFor 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)E+W

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

(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 ”;F13. . .

(b)F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.”

54E+WIn 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.”

55E+WIn 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.”

56E+WIn 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)E+W

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

(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.E+W

(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)E+W

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

(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 ”, F15. . .

(b)F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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)E+W

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—E+W

“(h)the Family Law Act 1996.”

(2)In Schedule 11 to that Act, in paragraph 6(a) (amendment of the M1Domestic Proceedings and Magistrates’ Courts Act 1978), for “sections 16(5)(c) and” substitute “ section ”.

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

F1761E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .