Family Law Act 1996

Prospective

9 (1) Section 25 (matters to which the court is to have regard) is amended as follows. E+W

(2) In subsection (1), for “section 23, 24 [F1 , 24A or 24B]” substitute “ any of sections 22A [F1 to 24BB] ”.

(3) In subsection (2)—

(a) for “section 23(1)(a), (b) or (c)” substitute “ section 22A or 23 above to make a financial provision order in favour of a party to a marriage or the exercise of its powers under section 23A, ”;

[F2 (aa) for “or 24B” substitute “, 24B or 24BB”;]

(b) in paragraph (g), after “parties” insert “ , whatever the nature of the conduct and whether it occurred during the marriage or after the separation of the parties or (as the case may be) dissolution or annulment of the marriage, ”; and

(c) in paragraph (h), omit “in the case of proceedings for divorce or nullity of marriage,”.

(4) In subsection (3), for “section 23(1)(d), (e) or (f), (2) or (4)” substitute “ section 22A or 23 above to make a financial provision order in favour of a child of the family or the exercise of its powers under section 23A, ”.

(5) In subsection (4), for “section 23(1)(d), (e) or (f), (2) or (4), 24 or 24A” substitute “ any of sections 22A to 24A ”.

(6) After subsection (4) insert—

“(5) In relation to any power of the court to make an interim periodical payments order or an interim order for the payment of a lump sum, the preceding provisions of this section, in imposing any obligation on the court with respect to the matters to which it is to have regard, shall not require the court to do anything which would cause such a delay as would, in the opinion of the court, be inappropriate having regard—

(a) to any immediate need for an interim order;

(b) to the matters in relation to which it is practicable for the court to inquire before making an interim order; and

(c) to the ability of the court to have regard to any matter and to make appropriate adjustments when subsequently making a financial provision order which is not interim.”

Annotations:

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Amendments (Textual)

F1 Words in Sch. 8 para. 9(2) substituted (1.12.2000) by 1999 c. 30, s. 84, Sch. 12 Pt. I para. 66(1)(2)(a); S.I. 2000/1116, art. 2(f)

F2 Sch. 8 para. 9(3)(aa) inserted (1.12.2000) by 1999 c. 30, s. 84, Sch. 12 Pt. I para. 66(1)(2)(b); S.I. 2000/1116, art. 2(f)