Article 14 Amendments to the Family Law Act 1986

(1)

Amend section 19A (jurisdiction in or in connection with matrimonial proceedings or civil partnership proceedings) as follows.

(2)

In subsection (1)—

(a)

omit “matrimonial”;

(b)

after “the marriage” insert “or civil partnership”;

(c)

in paragraph (a)(i) after “of marriage” insert “, or dissolution or annulment of a civil partnership”; and

(d)

in paragraph (b)(i) after “separation” insert “or legal separation of civil partners”.

(3)

For subsection (2) substitute—

“(2)
For the purposes of subsection (1)(b) above, the jurisdiction of the court is excluded if—

(a)
after the grant of a decree of judicial separation, on the relevant date, proceedings for divorce or nullity in respect of the marriage, or

(b)
after the making of a separation order, on the relevant date, proceedings for dissolution or annulment in respect of the civil partnership,

are continuing in England and Wales or Scotland.”.

Annotations

Footnotes

f1: 1986 c.55, as amended by the Children Act 1989 s. 108(5) Schedule 13, the Children (NI) Order 1995 S.I. 1995/755 and S.I. 2005/265.