Family Law Act 1996
1996 c. 27 · Enacted 4 July 1996 · Extends to United Kingdom
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
- Part I: Principles of Parts II and III
- 1The general principles underlying section 22.
- Part II: Divorce and Separation
- Court orders Not yet in force
- 2Divorce and separation. Not yet in force
- 3Circumstances in which orders are made. Not yet in force
- 4Conversion of separation order into divorce order. Not yet in force
- Marital breakdown Not yet in force
- 5Marital breakdown. Not yet in force
- 6Statement of marital breakdown. Not yet in force
- Reflection and consideration
- 7Period for reflection and consideration. Not yet in force
- 8Attendance at information meetings. Not yet in force
- 9Arrangements for the future. Repealed
- Orders preventing divorce Not yet in force
- 10Hardship: orders preventing divorce. Not yet in force
- Welfare of children Not yet in force
- 11Welfare of children. Not yet in force
- Supplementary Not yet in force
- 12Rules about procedure Not yet in force
- Resolution of disputes Not yet in force
- 13Directions with respect to mediation. Not yet in force
- 14Adjournments. Not yet in force
- Financial provision Not yet in force
- 15Financial arrangements. Not yet in force
- 16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 18Grounds for financial provision orders in magistrates’ courts. Not yet in force
- Jurisdiction and commencement of proceedings Not yet in force
- 19Jurisdiction in relation to divorce and separation. Not yet in force
- 20Time when proceedings for divorce or separation begin. Not yet in force
- Intestacy Not yet in force
- 21Intestacy: effect of separation. Not yet in force
- Marriage support services
- 22Funding for marriage support services.
- 23Provision of marriage counselling. Not yet in force
- Interpretation Not yet in force
- 24Interpretation of Part II etc. Not yet in force
- 25Connected proceedings. Not yet in force
- Part III: Legal Aid for Mediation in Family Matters
- 26Legal aid for mediation in family matters.
- 27Provision and availability of mediation.
- 28Payment for mediation.
- 29Mediation and civil legal aid.
- Part IV: Family Homes and Domestic Violence
- Rights to occupy matrimonial or civil partnership home
- 30Rights concerning home where one spouse or civil partner has no estate, etc.
- 31Effect of home rights as charge on dwelling-house.
- 32Further provisions relating to home rights.
- Occupation orders
- 33Occupation orders where applicant has estate or interest etc. or has home rights.
- 34Effect of order under s. 33 where rights are charge on dwelling-house.
- 35One former spouse or former civil partner with no existing right to occupy.
- 36One cohabitant or former cohabitant with no existing right to occupy.
- 37Neither spouse or civil partner entitled to occupy.
- 38Neither cohabitant or former cohabitant entitled to occupy.
- 39Supplementary provisions.
- 40Additional provisions that may be included in certain occupation orders.
- 41Additional considerations if parties are cohabitants or former cohabitants. Repealed
- Non-molestation orders
- 42Non-molestation orders.
- 42AOffence of breaching non-molestation order
- Further provisions relating to occupation and non-molestation orders
- 43Leave of court required for applications by children under sixteen.
- 44Evidence of agreement to marry or form a civil partnership.
- 45Ex parte orders.
- 46Undertakings.
- 47Arrest for breach of order.
- 48Remand for medical examination and report.
- 49Variation and discharge of orders.
- Enforcement powers of magistrates’ courts
- 50Power of magistrates’ court to suspend execution of committal order. Repealed
- 51Power of magistrates’ court to order hospital admission or guardianship. Repealed
- Interim care orders and emergency protection orders
- 52Amendments of Children Act 1989.
- Transfer of tenancies
- 53Transfer of certain tenancies.
- Dwelling-house subject to mortgage
- 54Dwelling-house subject to mortgage.
- 55Actions by mortgagees: joining connected persons as parties.
- 56Actions by mortgagees: service of notice on certain persons.
- Jurisdiction and procedure etc.
- 57Jurisdiction of courts.
- 58Contempt proceedings.
- 59Magistrates’ courts. Repealed
- 60Provision for third parties to act on behalf of victims of domestic violence. Not yet in force
- 61Appeals. Repealed
- General
- 62Meaning of “cohabitants”, “relevant child” and “associated persons”.
- 63Interpretation of Part IV.
- Part 4A: Forced marriage
- Forced marriage protection orders
- 63AForced marriage protection orders
- 63BContents of orders
- 63CApplications and other occasions for making orders
- 63CAOffence of breaching order
- Further provision about orders
- 63DEx parte orders: Part 4A
- 63EUndertakings instead of orders
- 63FDuration of orders
- 63GVariation of orders and their discharge
- Arrest for breach of orders
- 63HAttachment of powers of arrest to orders Repealed
- 63IArrest under attached powers Repealed
- 63JArrest under warrant
- 63KRemand: general
- 63LRemand: medical examination and report
- Jurisdiction and procedure
- 63MJurisdiction of courts: Part 4A
- 63NPower to extend jurisdiction to magistrates' courts Not yet in force
- 63OContempt proceedings: Part 4A
- 63PAppeals: Part 4A Repealed
- Supplementary
- 63QGuidance
- 63ROther protection or assistance against forced marriage
- 63SInterpretation of Part 4A
- Part V: Supplemental
- 64Provision for separate representation for children. Not yet in force
- 65Rules, regulations and orders.
- 66Consequential amendments, transitional provisions and repeals.
- 67Short title, commencement and extent.
- Schedule 1: Arrangements for the future Not yet in force
- The first exemption Not yet in force
- 1Paragraph 1 Not yet in force
- The second exemption Not yet in force
- 2Paragraph 2 Not yet in force
- The third exemption Not yet in force
- 3Paragraph 3 Not yet in force
- The fourth exemption Not yet in force
- 4Paragraph 4 Not yet in force
- Court orders and agreements Not yet in force
- 5Paragraph 5 Not yet in force
- Financial arrangements Not yet in force
- 6Paragraph 6 Not yet in force
- Negotiated agreements Not yet in force
- 7Paragraph 7 Not yet in force
- Declarations Not yet in force
- 8Paragraph 8 Not yet in force
- Interpretation Not yet in force
- 9Paragraph 9 Not yet in force
- Schedule 2: Financial provision Not yet in force
- Introductory Not yet in force
- 1Paragraph 1 Not yet in force
- The orders Not yet in force
- 2Paragraph 2 Not yet in force
- Financial provision: divorce and separation Not yet in force
- 3Paragraph 3 Not yet in force
- Financial provision: nullity of marriage Not yet in force
- 4Paragraph 4 Not yet in force
- Property adjustment orders: divorce and separation Not yet in force
- 5Paragraph 5 Not yet in force
- Property adjustment orders: nullity Not yet in force
- 6Paragraph 6 Not yet in force
- Pension sharing orders: divorce and nullity Not yet in force
- 6AParagraph 6A Not yet in force
- Period of secured and unsecured payments orders Not yet in force
- 7Paragraph 7 Not yet in force
- Variations et ceteralaetc. following reconciliations Not yet in force
- 8Paragraph 8 Not yet in force
- Schedule 3: Stay of proceedings Not yet in force
- Introductory Not yet in force
- 1Paragraph 1 Not yet in force
- Interpretation Not yet in force
- 2Paragraph 2 Not yet in force
- 3Paragraph 3 Not yet in force
- 4Paragraph 4 Not yet in force
- Duty to furnish particulars of concurrent proceedings Not yet in force
- 5Paragraph 5 Not yet in force
- Obligatory stays in divorce cases Not yet in force
- 6Paragraph 6 Not yet in force
- Discretionary stays Not yet in force
- 7Paragraph 7 Not yet in force
- Discharge of orders Not yet in force
- 8Paragraph 8 Not yet in force
- Ancillary matters Not yet in force
- 9Paragraph 9 Not yet in force
- Schedule 4: Provisions supplementary to sections 30 and 31
- Interpretation
- 1Paragraph 1
- Restriction on registration where spouse entitled to more than one charge
- 2Paragraph 2
- Contract for sale of house affected by registered charge to include term requiring cancellation of registration before completion
- 3Paragraph 3
- Cancellation of registration after termination of marriage or civil partnership, etc.
- 4Paragraph 4
- Release of home rights
- 5Paragraph 5
- Postponement of priority of charge
- 6Paragraph 6
- Schedule 5: Powers of High Court and county court to remand
- Interpretation
- 1Paragraph 1
- Remand in custody or on bail
- 2Paragraph 2
- Further remand
- 3Paragraph 3
- Postponement of taking of recognizance
- 4Paragraph 4
- Schedule 6: Amendments of Children Act 1989
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Schedule 7: Transfer of certain tenancies on divorce etc. or on separation of cohabitants
- Part I: General
- Interpretation
- 1Paragraph 1
- Cases in which the court may make an order
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Matters to which the court must have regard
- 5Paragraph 5
- Part II: Orders that may be made
- References to entitlement to occupy
- 6Paragraph 6
- Protected, secure or assured tenancy or assured agricultural occupancy
- 7Paragraph 7
- Statutory tenancy within the meaning of the Rent Act 1977
- 8Paragraph 8
- Statutory tenancy within the meaning of the Rent (Agriculture) Act 1976
- 9Paragraph 9
- Part III: Supplementary provisions
- Compensation
- 10Paragraph 10
- Liabilities and obligations in respect of the dwelling-house
- 11Paragraph 11
- Date when order made between spouses or civil partners takes effect
- 12Paragraph 12
- Effect of remarriage or subsequent civil partnership
- 13Paragraph 13
- Inclusion of references to decrees in references to orders
- 13AParagraph 13A
- Rules of court
- 14Paragraph 14
- Saving for other provisions of Act
- 15Paragraph 15
- Schedule 8: Minor and consequential amendments
- Part I: Amendments connected with Part II
- The Wills Act 1837 (c. 26) Not yet in force
- 1Paragraph 1 Not yet in force
- The Judicial Proceedings (Regulation of Reports) Act 1926 (c. 61) Not yet in force
- 2Paragraph 2 Not yet in force
- The Maintenance Orders Act 1950 (c. 37) Not yet in force
- 3Paragraph 3 Not yet in force
- The Matrimonial Causes Act 1973 (c. 18)
- 4Paragraph 4 Not yet in force
- 5Paragraph 5 Not yet in force
- 6Paragraph 6 Not yet in force
- 7Paragraph 7 Not yet in force
- 8Paragraph 8 Not yet in force
- 9Paragraph 9 Not yet in force
- 10Paragraph 10 Not yet in force
- 11Paragraph 11 Not yet in force
- 11AParagraph 11A Not yet in force
- 12Paragraph 12 Not yet in force
- 13Paragraph 13 Not yet in force
- 14Paragraph 14 Not yet in force
- 15Paragraph 15 Not yet in force
- 16Paragraph 16
- 16AParagraph 16A Not yet in force
- 17Paragraph 17 Not yet in force
- 18Paragraph 18 Not yet in force
- 19Paragraph 19 Not yet in force
- 20Paragraph 20 Not yet in force
- 21Paragraph 21 Not yet in force
- 22Paragraph 22 Not yet in force
- 23Paragraph 23 Not yet in force
- 24Paragraph 24 Not yet in force
- 25Paragraph 25 Not yet in force
- 25AParagraph 25A Not yet in force
- The Domicile and Matrimonial Proceedings Act 1973 (c. 45) Not yet in force
- 26Paragraph 26 Not yet in force
- The Inheritance (Provision for Family and Dependants) Act 1975 (c. 63) Not yet in force
- 27Paragraph 27 Not yet in force
- The Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22) Not yet in force
- 28Paragraph 28 Not yet in force
- The Housing Act 1980 (c. 51) Not yet in force
- 29Paragraph 29 Not yet in force
- Senior Courts Act 1981(c. 54) Not yet in force
- 30Paragraph 30 Not yet in force
- The Civil Jurisdiction and Judgments Act 1982 (c. 27) Not yet in force
- 31Paragraph 31 Not yet in force
- The Matrimonial and Family Proceedings Act 1984 (c. 42) Not yet in force
- 32Paragraph 32 Not yet in force
- The Finance Act 1985 (c. 54) Not yet in force
- 33Paragraph 33 Not yet in force
- The Housing Act 1985 (c. 68) Not yet in force
- 34Paragraph 34 Not yet in force
- The Housing Associations Act 1985 (c. 69) Not yet in force
- 35Paragraph 35 Not yet in force
- The Agricultural Holdings Act 1986 (c. 5) Not yet in force
- 36Paragraph 36 Not yet in force
- The Family Law Act 1986 (c. 55) Not yet in force
- 37Paragraph 37 Not yet in force
- The Landlord and Tenant Act 1987 (c. 31) Not yet in force
- 38Paragraph 38 Not yet in force
- The Legal Aid Act 1988 (c. 34) Not yet in force
- 39Paragraph 39 Not yet in force
- The Housing Act 1988 (c. 50) Not yet in force
- 40Paragraph 40 Not yet in force
- The Children Act 1989 (c. 41) Not yet in force
- 41Paragraph 41 Not yet in force
- The Local Government and Housing Act 1989 (c. 42) Not yet in force
- 42Paragraph 42 Not yet in force
- Pensions Act 1995 (c. 26) Not yet in force
- 43Paragraph 43 Not yet in force
- The Welfare Reform and Pensions Act 1999 Not yet in force
- 43AParagraph 43A Not yet in force
- Part II: Amendments connected with Part III
- The Legal Aid Act 1988 (c. 34)
- 44Paragraph 44
- Part III: Amendments connected with Part IV
- The Land Registration Act 1925 (c. 21)
- 45Paragraph 45 Repealed
- The Land Charges Act 1972 (c. 61)
- 46Paragraph 46
- 47Paragraph 47
- The Land Compensation Act 1973 (c. 26)
- 48Paragraph 48
- The Magistrates’ Courts Act 1980 (c. 43)
- 49Paragraph 49 Repealed
- The Contempt of Court Act 1981 (c. 49)
- 50Paragraph 50
- Senior Courts Act 1981(c. 54)
- 51Paragraph 51
- The Matrimonial and Family Proceedings Act 1984 (c. 42)
- 52Paragraph 52
- The Housing Act 1985 (c. 68)
- 53Paragraph 53
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56
- The Insolvency Act 1986 (c. 45)
- 57Paragraph 57
- 58Paragraph 58
- The Housing Act 1988 (c. 50)
- 59Paragraph 59
- The Children Act 1989 (c. 41)
- 60Paragraph 60
- The Courts and Legal Services Act 1990 (c. 41)
- 61Paragraph 61 Repealed
- Schedule 9: Modifications, saving and transitional
- Transitional arrangements for those who have been living apart Not yet in force
- 1Paragraph 1 Not yet in force
- Modifications of enactments etc.
- 2Paragraph 2 Not yet in force
- 3Paragraph 3
- Expressions used in paragraphs 2 and 3
- 4Paragraph 4
- Proceedings under way Not yet in force
- 5Paragraph 5 Not yet in force
- 6Paragraph 6 Not yet in force
- Interpretation
- 7Paragraph 7
- Pending applications for orders relating to occupation and molestation
- 8Paragraph 8
- Pending applications under Schedule 1 to the Matrimonial Homes Act 1983
- 9Paragraph 9
- Existing orders relating to occupation and molestation
- 10Paragraph 10
- Matrimonial home rights
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- Schedule 10Repeals