Section 40 Proceedings before order has been made final

England and Wales

(1)

This section applies if—

(a)

a conditional order has been made, and

(b)

the Queen’s Proctor, or any person who has not been a party to proceedings in which the order was made, shows cause why the order should not be made final on the ground that material facts have not been brought before the court.

(2)

This section also applies if—

(a)

a conditional order has been made,

(b)

3 months have elapsed since the earliest date on which an application could have been made for the order to be made final,

(c)

no such application has been made by the civil partner who applied for the conditional order, and

(d)

the other civil partner makes an application to the court under this subsection.

(3)

The court may—

(a)

make the order final,

(b)

rescind the order,

(c)

require further inquiry, or

(d)

otherwise deal with the case as it thinks fit.

(4)

Subsection (3)(a)—

(a)

applies despite F1sections 37A(1) and 38(A1) (period before conditional orders may be made final), but

(b)

is subject to section 48(4) (protection for respondent F2...) F3....

Annotations

Textual amendments

F1: Words in s. 40(4)(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 35(a) (with s. 8(7)); S.I. 2022/283, reg. 2
F2: Words in s. 40(4)(b) omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 35(b) (with s. 8(7)); S.I. 2022/283, reg. 2
F3: Words in s. 40(4)(b) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), ss. 17(6), 139(6); S.I. 2014/793, art. 2 (with transitional provisions in S.I. 2014/1042, arts. 5, 11)