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The Divorce, Dissolution and Separation Act 2020 (Consequential Amendments) Regulations 2022

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2022, ISBN 9780348230949

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under section 6(5) of the Divorce, Dissolution and Separation Act 2020, for approval by resolution of each House of Parliament.

Family Law, England And Wales

Made ***

Coming into force in accordance with regulation 1(2)

The Lord Chancellor, in exercise of the powers conferred by sections 6(2) and (3) of the Divorce, Dissolution and Separation Act 2020f1, makes the following Regulations.

In accordance with section 6(5) of the Divorce, Dissolution and Separation Act 2020, a draft of these Regulations was laid before Parliament and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2020 c. 11.

Contents

  1. 1Citation, commencement and extent
  2. 2Amendments
  3. 3Transitional provision
  4. Signature
  5. Schedule: Amendments in consequence of provisions of the Divorce, Dissolution and Separation Act 2020
  6. Part 1: Amendment of primary legislation
  7. 1Domicile and Matrimonial Proceedings Act 1973
  8. Part 2: Amendment of secondary legislation
  9. 2Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 2005
  10. 3Civil Partnership (Registration Provisions) Regulations 2005
  11. 4Pension Protection Fund (Provision of Information) Regulations 2005
  12. 5Financial Assistance Scheme (Provision of Information and Administration of Payments) Regulations 2005
  13. 6Civil Legal Aid (Merits Criteria) Regulations 2013
  14. 7Civil Legal Aid (Remuneration) Regulations 2013
  15. 8Marriage (Same Sex Couples) (Jurisdiction and Recognition of Judgments) Regulations 2014
  16. Explanatory note

1Citation, commencement and extent

(1)

These Regulations may be cited as the Divorce, Dissolution and Separation Act 2020 (Consequential Amendments) Regulations 2022.

(2)

These Regulations come into force on the day on which section 1 of the Divorce, Dissolution and Separation Act 2020 comes fully into force.

(3)

Subject to paragraph (4), these Regulations extend to England and Wales.

(4)

An amendment made by these Regulations has the same extent as the enactment amended.

2Amendments

The Schedule (amendments in consequence of provisions of the Divorce, Dissolution and Separation Act 2020) has effect.

3Transitional provision

Paragraphs 1(3), 6, and 7 of the Schedule do not apply in relation to proceedings that were issued before these Regulations come into force.

Signature

Name

Lord Chancellor

Ministry of Justice

Address

Date

1Domicile and Matrimonial Proceedings Act 1973

(1)

The Domicile and Matrimonial Proceedings Act 1973f1 is amended as follows.

(2)

In section 5 (jurisdiction of High Court and family court), in subsection (2), after paragraph (c), insert—

“(ca)

in a joint application only, either of the parties to the marriage is habitually resident in England and Wales;”.

(3)

In Schedule 1 (staying of matrimonial proceedings (England and Wales))—

(a)

in paragraph 2, for “petitioner” substitute “applicant”;

(b)

in paragraph 7, for “a petitioner” substitute “an applicant”.

2Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 2005

In regulation 4 (jurisdiction: England and Wales) of the Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 2005f1, after paragraph (c), insert—

“(ca)

in a joint application only, either civil partner is habitually resident in England and Wales;”.

3Civil Partnership (Registration Provisions) Regulations 2005

In Schedule 3 (evidence) to the Civil Partnership (Registration Provisions) Regulations 2005f1, in paragraph 4, sub-paragraph (1)(a)—

(a)

after “decree absolute” insert “or final order”;

(b)

after “marriage” insert “or nullity of marriage order”.

4Pension Protection Fund (Provision of Information) Regulations 2005

(1)

Schedule 3 (information to be provided by members and beneficiaries) to the Pension Protection Fund (Provision of Information) Regulations 2005f1, is amended as follows.

(2)

In the table in paragraph 1, in the second row —

(a)

in the second column, after “decree” insert “or final order”;

(b)

in the third column, after “absolute” insert “or the conditional order was made final”.

5Financial Assistance Scheme (Provision of Information and Administration of Payments) Regulations 2005

(1)

Schedule 2 (information to be provided by beneficiaries and potential beneficiaries) to the Financial Assistance Scheme (Provision of Information and Administration of Payments) Regulations 2005f1 is amended as follows.

(2)

In the table in paragraph 1, in the third row—

(a)

in the second column, after “decree” insert “or final order”;

(b)

in the third column, after “absolute” insert “or the conditional order is made final”.

6Civil Legal Aid (Merits Criteria) Regulations 2013

In regulation 25 (victims of domestic violence and family matters: family help (lower)) of the Civil Legal Aid (Merits Criteria) Regulations 2013f1, for “a petition” substitute “an application”.

7Civil Legal Aid (Remuneration) Regulations 2013

(1)

The Civil Legal Aid (Remuneration) Regulations 2013f1 are amended as follows.

(2)

In regulation 8(4) (remuneration: advocacy services in family proceedings), in sub-paragraph (c), for “defended” substitute “disputed”.

(3)

In Schedule 1, in Part 1 (civil standard and graduated fees), in the heading to Table 3(b), for “petition” substitute “application”.

8Marriage (Same Sex Couples) (Jurisdiction and Recognition of Judgments) Regulations 2014

In regulation 2 (jurisdiction) of the Marriage (Same Sex Couples) (Jurisdiction and Recognition of Judgments) Regulations 2014f1, after paragraph (c), insert—

“(ca)

in a joint application only, either of the parties to the marriage is habitually resident in England and Wales;”.

Explanatory note

(This note is not part of the Regulations)

These Regulations make amendments to primary and secondary legislation consequential on the Divorce, Dissolution and Separation Act 2020 (c. 11) (“the Act”).

Paragraphs 1, 2 and 8 of the Schedule amend the jurisdiction grounds for divorce and dissolution consequential on the introduction of joint applications for divorce, dissolution, judicial separation and separation orders under the Act.

The remaining amendments in the Schedule are consequential on the amendments made to the Matrimonial Causes Act 1973 (c. 18) by the Act updating the terminology in relation to divorce applications.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

An explanatory memorandum has been prepared and is available alongside this instrument on the website www.legislation.gov.uk.