OpenLegislation

Family Law Act 1996

1996 c. 27 · Enacted 4 July 1996 · Extends to United Kingdom

Not fully up to date. 2 changes made by later legislation have not yet been written into this text, which is revised to 25 March 2026.

See the changes not yet applied
ProvisionChangeMade by
Sch. 8 para. 53repealedHousing and Regeneration Act 2008 Sch. 16
Sch. 8 para. 59 and cross-headingrepealedHousing and Regeneration Act 2008 Sch. 16

An Act to make provision with respect to: divorce and separation; legal aid in connection with mediation in disputes relating to family matters; proceedings in cases where marriages have broken down; rights of occupation of certain domestic premises; prevention of molestation; the inclusion in certain orders under the Children Act 1989 of provisions about the occupation of a dwelling-house; the transfer of tenancies between spouses and persons who have lived together as husband and wife; and for connected purposes.

[4th July 1996]

I1C1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations to the whole text

Modifications

C1

Act modified (1.10.1997) by 1986 c. 45, s. 337(3) (as amended (1.10.1997) by 1996 c. 27, s. 66(1), Sch. 8 Pt. III para. 58(3) (with Sch. 9 paras. 8-10); S.I. 1997/1892, art. 3)

Commencement

I1

Act partly in force at Royal Assent see s. 67.

Contents

  1. Part I: Principles of Parts II and III
  2. 1The general principles underlying section 22.
  3. Part II: Divorce and Separation
  4. Court orders Not yet in force
  5. 2Divorce and separation. Not yet in force
  6. 3Circumstances in which orders are made. Not yet in force
  7. 4Conversion of separation order into divorce order. Not yet in force
  8. Marital breakdown Not yet in force
  9. 5Marital breakdown. Not yet in force
  10. 6Statement of marital breakdown. Not yet in force
  11. Reflection and consideration
  12. 7Period for reflection and consideration. Not yet in force
  13. 8Attendance at information meetings. Not yet in force
  14. 9Arrangements for the future. Repealed
  15. Orders preventing divorce Not yet in force
  16. 10Hardship: orders preventing divorce. Not yet in force
  17. Welfare of children Not yet in force
  18. 11Welfare of children. Not yet in force
  19. Supplementary Not yet in force
  20. 12Rules about procedure Not yet in force
  21. Resolution of disputes Not yet in force
  22. 13Directions with respect to mediation. Not yet in force
  23. 14Adjournments. Not yet in force
  24. Financial provision Not yet in force
  25. 15Financial arrangements. Not yet in force
  26. 16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  27. 17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  28. 18Grounds for financial provision orders in magistrates’ courts. Not yet in force
  29. Jurisdiction and commencement of proceedings Not yet in force
  30. 19Jurisdiction in relation to divorce and separation. Not yet in force
  31. 20Time when proceedings for divorce or separation begin. Not yet in force
  32. Intestacy Not yet in force
  33. 21Intestacy: effect of separation. Not yet in force
  34. Marriage support services
  35. 22Funding for marriage support services.
  36. 23Provision of marriage counselling. Not yet in force
  37. Interpretation Not yet in force
  38. 24Interpretation of Part II etc. Not yet in force
  39. 25Connected proceedings. Not yet in force
  40. Part III: Legal Aid for Mediation in Family Matters
  41. 26Legal aid for mediation in family matters.
  42. 27Provision and availability of mediation.
  43. 28Payment for mediation.
  44. 29Mediation and civil legal aid.
  45. Part IV: Family Homes and Domestic Violence
  46. Rights to occupy matrimonial or civil partnership home
  47. 30Rights concerning home where one spouse or civil partner has no estate, etc.
  48. 31Effect of home rights as charge on dwelling-house.
  49. 32Further provisions relating to home rights.
  50. Occupation orders
  51. 33Occupation orders where applicant has estate or interest etc. or has home rights.
  52. 34Effect of order under s. 33 where rights are charge on dwelling-house.
  53. 35One former spouse or former civil partner with no existing right to occupy.
  54. 36One cohabitant or former cohabitant with no existing right to occupy.
  55. 37Neither spouse or civil partner entitled to occupy.
  56. 38Neither cohabitant or former cohabitant entitled to occupy.
  57. 39Supplementary provisions.
  58. 40Additional provisions that may be included in certain occupation orders.
  59. 41Additional considerations if parties are cohabitants or former cohabitants. Repealed
  60. Non-molestation orders
  61. 42Non-molestation orders.
  62. 42AOffence of breaching non-molestation order
  63. Further provisions relating to occupation and non-molestation orders
  64. 43Leave of court required for applications by children under sixteen.
  65. 44Evidence of agreement to marry or form a civil partnership.
  66. 45Ex parte orders.
  67. 46Undertakings.
  68. 47Arrest for breach of order.
  69. 48Remand for medical examination and report.
  70. 49Variation and discharge of orders.
  71. Enforcement powers of magistrates’ courts
  72. 50Power of magistrates’ court to suspend execution of committal order. Repealed
  73. 51Power of magistrates’ court to order hospital admission or guardianship. Repealed
  74. Interim care orders and emergency protection orders
  75. 52Amendments of Children Act 1989.
  76. Transfer of tenancies
  77. 53Transfer of certain tenancies.
  78. Dwelling-house subject to mortgage
  79. 54Dwelling-house subject to mortgage.
  80. 55Actions by mortgagees: joining connected persons as parties.
  81. 56Actions by mortgagees: service of notice on certain persons.
  82. Jurisdiction and procedure etc.
  83. 57Jurisdiction of courts.
  84. 58Contempt proceedings.
  85. 59Magistrates’ courts. Repealed
  86. 60Provision for third parties to act on behalf of victims of domestic violence. Not yet in force
  87. 61Appeals. Repealed
  88. General
  89. 62Meaning of “cohabitants”, “relevant child” and “associated persons”.
  90. 63Interpretation of Part IV.
  91. Part 4A: Forced marriage
  92. Forced marriage protection orders
  93. 63AForced marriage protection orders
  94. 63BContents of orders
  95. 63CApplications and other occasions for making orders
  96. 63CAOffence of breaching order
  97. Further provision about orders
  98. 63DEx parte orders: Part 4A
  99. 63EUndertakings instead of orders
  100. 63FDuration of orders
  101. 63GVariation of orders and their discharge
  102. Arrest for breach of orders
  103. 63HAttachment of powers of arrest to orders Repealed
  104. 63IArrest under attached powers Repealed
  105. 63JArrest under warrant
  106. 63KRemand: general
  107. 63LRemand: medical examination and report
  108. Jurisdiction and procedure
  109. 63MJurisdiction of courts: Part 4A
  110. 63NPower to extend jurisdiction to magistrates' courts Not yet in force
  111. 63OContempt proceedings: Part 4A
  112. 63PAppeals: Part 4A Repealed
  113. Supplementary
  114. 63QGuidance
  115. 63ROther protection or assistance against forced marriage
  116. 63SInterpretation of Part 4A
  117. Part V: Supplemental
  118. 64Provision for separate representation for children. Not yet in force
  119. 65Rules, regulations and orders.
  120. 66Consequential amendments, transitional provisions and repeals.
  121. 67Short title, commencement and extent.
  122. Schedule 1: Arrangements for the future Not yet in force
  123. The first exemption Not yet in force
  124. 1Paragraph 1 Not yet in force
  125. The second exemption Not yet in force
  126. 2Paragraph 2 Not yet in force
  127. The third exemption Not yet in force
  128. 3Paragraph 3 Not yet in force
  129. The fourth exemption Not yet in force
  130. 4Paragraph 4 Not yet in force
  131. Court orders and agreements Not yet in force
  132. 5Paragraph 5 Not yet in force
  133. Financial arrangements Not yet in force
  134. 6Paragraph 6 Not yet in force
  135. Negotiated agreements Not yet in force
  136. 7Paragraph 7 Not yet in force
  137. Declarations Not yet in force
  138. 8Paragraph 8 Not yet in force
  139. Interpretation Not yet in force
  140. 9Paragraph 9 Not yet in force
  141. Schedule 2: Financial provision Not yet in force
  142. Introductory Not yet in force
  143. 1Paragraph 1 Not yet in force
  144. The orders Not yet in force
  145. 2Paragraph 2 Not yet in force
  146. Financial provision: divorce and separation Not yet in force
  147. 3Paragraph 3 Not yet in force
  148. Financial provision: nullity of marriage Not yet in force
  149. 4Paragraph 4 Not yet in force
  150. Property adjustment orders: divorce and separation Not yet in force
  151. 5Paragraph 5 Not yet in force
  152. Property adjustment orders: nullity Not yet in force
  153. 6Paragraph 6 Not yet in force
  154. Pension sharing orders: divorce and nullity Not yet in force
  155. 6AParagraph 6A Not yet in force
  156. Period of secured and unsecured payments orders Not yet in force
  157. 7Paragraph 7 Not yet in force
  158. Variations et ceteralaetc. following reconciliations Not yet in force
  159. 8Paragraph 8 Not yet in force
  160. Schedule 3: Stay of proceedings Not yet in force
  161. Introductory Not yet in force
  162. 1Paragraph 1 Not yet in force
  163. Interpretation Not yet in force
  164. 2Paragraph 2 Not yet in force
  165. 3Paragraph 3 Not yet in force
  166. 4Paragraph 4 Not yet in force
  167. Duty to furnish particulars of concurrent proceedings Not yet in force
  168. 5Paragraph 5 Not yet in force
  169. Obligatory stays in divorce cases Not yet in force
  170. 6Paragraph 6 Not yet in force
  171. Discretionary stays Not yet in force
  172. 7Paragraph 7 Not yet in force
  173. Discharge of orders Not yet in force
  174. 8Paragraph 8 Not yet in force
  175. Ancillary matters Not yet in force
  176. 9Paragraph 9 Not yet in force
  177. Schedule 4: Provisions supplementary to sections 30 and 31
  178. Interpretation
  179. 1Paragraph 1
  180. Restriction on registration where spouse entitled to more than one charge
  181. 2Paragraph 2
  182. Contract for sale of house affected by registered charge to include term requiring cancellation of registration before completion
  183. 3Paragraph 3
  184. Cancellation of registration after termination of marriage or civil partnership, etc.
  185. 4Paragraph 4
  186. Release of home rights
  187. 5Paragraph 5
  188. Postponement of priority of charge
  189. 6Paragraph 6
  190. Schedule 5: Powers of High Court and county court to remand
  191. Interpretation
  192. 1Paragraph 1
  193. Remand in custody or on bail
  194. 2Paragraph 2
  195. Further remand
  196. 3Paragraph 3
  197. Postponement of taking of recognizance
  198. 4Paragraph 4
  199. Schedule 6: Amendments of Children Act 1989
  200. 1Paragraph 1
  201. 2Paragraph 2
  202. 3Paragraph 3
  203. 4Paragraph 4
  204. 5Paragraph 5
  205. Schedule 7: Transfer of certain tenancies on divorce etc. or on separation of cohabitants
  206. Part I: General
  207. Interpretation
  208. 1Paragraph 1
  209. Cases in which the court may make an order
  210. 2Paragraph 2
  211. 3Paragraph 3
  212. 4Paragraph 4
  213. Matters to which the court must have regard
  214. 5Paragraph 5
  215. Part II: Orders that may be made
  216. References to entitlement to occupy
  217. 6Paragraph 6
  218. Protected, secure or assured tenancy or assured agricultural occupancy
  219. 7Paragraph 7
  220. Statutory tenancy within the meaning of the Rent Act 1977
  221. 8Paragraph 8
  222. Statutory tenancy within the meaning of the Rent (Agriculture) Act 1976
  223. 9Paragraph 9
  224. Part III: Supplementary provisions
  225. Compensation
  226. 10Paragraph 10
  227. Liabilities and obligations in respect of the dwelling-house
  228. 11Paragraph 11
  229. Date when order made between spouses or civil partners takes effect
  230. 12Paragraph 12
  231. Effect of remarriage or subsequent civil partnership
  232. 13Paragraph 13
  233. Inclusion of references to decrees in references to orders
  234. 13AParagraph 13A
  235. Rules of court
  236. 14Paragraph 14
  237. Saving for other provisions of Act
  238. 15Paragraph 15
  239. Schedule 8: Minor and consequential amendments
  240. Part I: Amendments connected with Part II
  241. The Wills Act 1837 (c. 26) Not yet in force
  242. 1Paragraph 1 Not yet in force
  243. The Judicial Proceedings (Regulation of Reports) Act 1926 (c. 61) Not yet in force
  244. 2Paragraph 2 Not yet in force
  245. The Maintenance Orders Act 1950 (c. 37) Not yet in force
  246. 3Paragraph 3 Not yet in force
  247. The Matrimonial Causes Act 1973 (c. 18)
  248. 4Paragraph 4 Not yet in force
  249. 5Paragraph 5 Not yet in force
  250. 6Paragraph 6 Not yet in force
  251. 7Paragraph 7 Not yet in force
  252. 8Paragraph 8 Not yet in force
  253. 9Paragraph 9 Not yet in force
  254. 10Paragraph 10 Not yet in force
  255. 11Paragraph 11 Not yet in force
  256. 11AParagraph 11A Not yet in force
  257. 12Paragraph 12 Not yet in force
  258. 13Paragraph 13 Not yet in force
  259. 14Paragraph 14 Not yet in force
  260. 15Paragraph 15 Not yet in force
  261. 16Paragraph 16
  262. 16AParagraph 16A Not yet in force
  263. 17Paragraph 17 Not yet in force
  264. 18Paragraph 18 Not yet in force
  265. 19Paragraph 19 Not yet in force
  266. 20Paragraph 20 Not yet in force
  267. 21Paragraph 21 Not yet in force
  268. 22Paragraph 22 Not yet in force
  269. 23Paragraph 23 Not yet in force
  270. 24Paragraph 24 Not yet in force
  271. 25Paragraph 25 Not yet in force
  272. 25AParagraph 25A Not yet in force
  273. The Domicile and Matrimonial Proceedings Act 1973 (c. 45) Not yet in force
  274. 26Paragraph 26 Not yet in force
  275. The Inheritance (Provision for Family and Dependants) Act 1975 (c. 63) Not yet in force
  276. 27Paragraph 27 Not yet in force
  277. The Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22) Not yet in force
  278. 28Paragraph 28 Not yet in force
  279. The Housing Act 1980 (c. 51) Not yet in force
  280. 29Paragraph 29 Not yet in force
  281. Senior Courts Act 1981(c. 54) Not yet in force
  282. 30Paragraph 30 Not yet in force
  283. The Civil Jurisdiction and Judgments Act 1982 (c. 27) Not yet in force
  284. 31Paragraph 31 Not yet in force
  285. The Matrimonial and Family Proceedings Act 1984 (c. 42) Not yet in force
  286. 32Paragraph 32 Not yet in force
  287. The Finance Act 1985 (c. 54) Not yet in force
  288. 33Paragraph 33 Not yet in force
  289. The Housing Act 1985 (c. 68) Not yet in force
  290. 34Paragraph 34 Not yet in force
  291. The Housing Associations Act 1985 (c. 69) Not yet in force
  292. 35Paragraph 35 Not yet in force
  293. The Agricultural Holdings Act 1986 (c. 5) Not yet in force
  294. 36Paragraph 36 Not yet in force
  295. The Family Law Act 1986 (c. 55) Not yet in force
  296. 37Paragraph 37 Not yet in force
  297. The Landlord and Tenant Act 1987 (c. 31) Not yet in force
  298. 38Paragraph 38 Not yet in force
  299. The Legal Aid Act 1988 (c. 34) Not yet in force
  300. 39Paragraph 39 Not yet in force
  301. The Housing Act 1988 (c. 50) Not yet in force
  302. 40Paragraph 40 Not yet in force
  303. The Children Act 1989 (c. 41) Not yet in force
  304. 41Paragraph 41 Not yet in force
  305. The Local Government and Housing Act 1989 (c. 42) Not yet in force
  306. 42Paragraph 42 Not yet in force
  307. Pensions Act 1995 (c. 26) Not yet in force
  308. 43Paragraph 43 Not yet in force
  309. The Welfare Reform and Pensions Act 1999 Not yet in force
  310. 43AParagraph 43A Not yet in force
  311. Part II: Amendments connected with Part III
  312. The Legal Aid Act 1988 (c. 34)
  313. 44Paragraph 44
  314. Part III: Amendments connected with Part IV
  315. The Land Registration Act 1925 (c. 21)
  316. 45Paragraph 45 Repealed
  317. The Land Charges Act 1972 (c. 61)
  318. 46Paragraph 46
  319. 47Paragraph 47
  320. The Land Compensation Act 1973 (c. 26)
  321. 48Paragraph 48
  322. The Magistrates’ Courts Act 1980 (c. 43)
  323. 49Paragraph 49 Repealed
  324. The Contempt of Court Act 1981 (c. 49)
  325. 50Paragraph 50
  326. Senior Courts Act 1981(c. 54)
  327. 51Paragraph 51
  328. The Matrimonial and Family Proceedings Act 1984 (c. 42)
  329. 52Paragraph 52
  330. The Housing Act 1985 (c. 68)
  331. 53Paragraph 53
  332. 54Paragraph 54
  333. 55Paragraph 55
  334. 56Paragraph 56
  335. The Insolvency Act 1986 (c. 45)
  336. 57Paragraph 57
  337. 58Paragraph 58
  338. The Housing Act 1988 (c. 50)
  339. 59Paragraph 59
  340. The Children Act 1989 (c. 41)
  341. 60Paragraph 60
  342. The Courts and Legal Services Act 1990 (c. 41)
  343. 61Paragraph 61 Repealed
  344. Schedule 9: Modifications, saving and transitional
  345. Transitional arrangements for those who have been living apart Not yet in force
  346. 1Paragraph 1 Not yet in force
  347. Modifications of enactments etc.
  348. 2Paragraph 2 Not yet in force
  349. 3Paragraph 3
  350. Expressions used in paragraphs 2 and 3
  351. 4Paragraph 4
  352. Proceedings under way Not yet in force
  353. 5Paragraph 5 Not yet in force
  354. 6Paragraph 6 Not yet in force
  355. Interpretation
  356. 7Paragraph 7
  357. Pending applications for orders relating to occupation and molestation
  358. 8Paragraph 8
  359. Pending applications under Schedule 1 to the Matrimonial Homes Act 1983
  360. 9Paragraph 9
  361. Existing orders relating to occupation and molestation
  362. 10Paragraph 10
  363. Matrimonial home rights
  364. 11Paragraph 11
  365. 12Paragraph 12
  366. 13Paragraph 13
  367. 14Paragraph 14
  368. 15Paragraph 15
  369. Schedule 10Repeals