Family Law Act 1996

Section 66(2).

SCHEDULE 9Modifications, 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.

3If 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(a)refers to an enactment repealed or amended by or under this Act, and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

4In 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

7In 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

9Nothing 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).

13In 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.

14Neither 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.

15Nothing 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).