Family Law Act 1996

Prospective

Ancillary matters E+W

9 (1) Paragraph 11 is amended as follows. E+W

(2) For sub-paragraph (1) substitute—

“(1) Sub-paragraphs (2) and (3) below apply where a stay of marital proceedings or proceedings for nullity of marriage—

(a) has been imposed by reference to proceedings in a related jurisdiction for divorce, separation or nullity of marriage, and

(b) is in force.

(1A) In this paragraph—

• “lump sum order”, in relation to a stay, means an order—

  (a)

  under section 22A or 23, 31 or 31A of the M1 Matrimonial Causes Act 1973 which is an order for the payment of a lump sum for the purposes of Part II of that Act, or

  (b)

  made in any equivalent circumstances under Schedule 1 to the M2 Children Act 1989 and of a kind mentioned in paragraph 1(2)(a) or (b) of that Schedule,

  so far as it satisfies the condition mentioned in sub-paragraph (1C) below;

• “the other proceedings”, in relation to a stay, means the proceedings in another jurisdiction by reference to which the stay was imposed;

• “relevant order”, in relation to a stay, means—

  (a)

  any financial provision order (including an interim order), other than a lump sum order;

  (b)

  any order made in equivalent circumstances under Schedule 1 to the M3 Children Act 1989 and of a kind mentioned in paragraph 1(2)(a) or (b) of that Schedule;

  (c)

  any section 8 order under the Act of 1989; and

  (d)

  except for the purposes of sub-paragraph (3) below, any order restraining a person from removing a child out of England and Wales or out of the care of another person,

  so far as it satisfies the condition mentioned in sub-paragraph (1C) below.

(1C) The condition is that the order is, or (apart from this paragraph) could be, made in connection with the proceedings to which the stay applies.”

(3) In sub-paragraph (2)—

(a) for “any proceedings are stayed” substitute “ this paragraph applies in relation to a stay ”;

(b) in paragraph (a), and in the first place in paragraph (c), omit “in connection with the stayed proceedings”; and

(c) in paragraphs (b) and (c), for “made in connection with the stayed proceedings” substitute “ already made ”.

(4) In sub-paragraph (3)—

(a) for “any proceedings are stayed” substitute “ this paragraph applies in relation to a stay ”;

(b) in paragraph (a), for “made in connection with the stayed proceedings” substitute “ already made ”;

(c) in paragraphs (b) and (c), omit “in connection with the stayed proceedings”.

(5) In sub-paragraph (3A), for the words before “any order made” substitute—

“Where a secured periodical payments order within the meaning of the M4 Matrimonial Causes Act 1973—

(a) has been made under section 22A(1)(b) or 23(1)(b) or (2)(b) of that Act, but

(b) ceases to have effect by virtue of sub-paragraph (2) or (3) above,”.

(6) For sub-paragraph (4), substitute—

“(4) Nothing in sub-paragraphs (2) and (3) above affects any relevant order or lump sum order or any power to make such an order in so far as—

(a) where the stay applies to matrimonial proceedings other than marital proceedings, the order has been made or the power may be exercised following the receipt by the court of a statement of marital breakdown;

(b) where the stay is of marital proceedings, the order has been made or the power may be exercised in matrimonial proceedings of any other kind; or

(c) where the stay is of divorce proceedings only, the order has been made or the power may be exercised—

(i) in matrimonial proceedings which are not marital proceedings, or

(ii) in marital proceedings in which an application has been made for a separation order.”

[F1 (6A) In sub-paragraph (4A)(a) for “sub-paragraph (1) or (4)” substitute sub-paragraph (1).]

(7) In sub-paragraph (5)(c), for the words from “in connection” onwards substitute “ where a stay no longer applies ”.

Annotations:

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Amendments (Textual)

F1 Sch. 3 para. 9(6A) inserted (8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 15, 17, Sch. 2 para. 12(2); S.I. 2008/2870, art. 2(2)(e)

Marginal Citations

M1 1973 c. 18.

M2 1989 c. 41.

M3 1989 c. 41.

M4 1973 c. 18.