Family Law Act 1996

Prospective

Property adjustment orders: divorce and separation E+W

5 Insert, before section 24— E+W

“23A Property adjustment orders: divorce and separation.

(1) On an application made under this section, the court may, at any time mentioned in section 22A(2) above, make one or more property adjustment orders.

(2) If the court makes, in favour of the same party to the marriage, more than one property adjustment order in relation to any marital proceedings, whether in the course of the proceedings or by reference to a divorce order or separation order made in the proceedings, each order must fall within a different paragraph of section 21(2) above.

(3) The court shall exercise its powers under this section, so far as is practicable, by making on one occasion all such provision as can be made by way of one or more property adjustment orders in relation to the marriage as it thinks fit.

(4) Subsection (3) above does not affect section 31 or 31A below.

(5) This section is to be read subject to any restrictions imposed by this Act and to section 19 of the 1996 Act.

23B Restrictions affecting section 23A.

(1) No property adjustment order may be made under section 23A above so as to take effect before the making of a divorce order or separation order in relation to the marriage unless the court is satisfied—

(a) that the circumstances of the case are exceptional; and

(b) that it would be just and reasonable for the order to be so made.

(2) The court may not make a property adjustment order under section 23A above at any time while the period for reflection and consideration is interrupted under section 7(8) of the 1996 Act.

(3) No property adjustment order may be made under section 23A above by virtue of the making of a statement of marital breakdown if, by virtue of section 5(3) or 7(5) of the 1996 Act (lapse of divorce or separation process), it has ceased to be possible—

(a) for an application to be made by reference to that statement; or

(b) for an order to be made on such an application.

(4) No property adjustment order may be made under section 23A above after a divorce order has been made, or while a separation order is in force, except—

(a) in response to an application made before the divorce order or separation order was made; or

(b) on a subsequent application made with the leave of the court.

(5) In this section, “period for reflection and consideration” means the period fixed by section 7 of the 1996 Act.”