Family Law Act 1996

8 Attendance at information meetings. E+W

(1) The requirements about information meetings are as follows.

(2) A party making a statement must (except in prescribed circumstances) have attended an information meeting not less than three months before making the statement.

(3) Different information meetings must be arranged with respect to different marriages.

(4) In the case of a statement made by both parties, the parties may attend separate meetings or the same meeting.

(5) Where one party has made a statement, the other party must (except in prescribed circumstances) attend an information meeting before—

(a) making any application to the court—

(i) with respect to a child of the family; or

(ii) of a prescribed description relating to property or financial matters; or

(b) contesting any such application.

(6) In this section “information meeting” means a meeting organised, in accordance with prescribed provisions for the purpose—

(a) of providing, in accordance with prescribed provisions, relevant information to the party or parties attending about matters which may arise in connection with the provisions of, or made under, this Part or Part III; and

(b) of giving the party or parties attending the information meeting the opportunity of having a meeting with a marriage counsellor and of encouraging that party or those parties to attend that meeting.

(7) An information meeting must be conducted by a person who—

(a) is qualified and appointed in accordance with prescribed provisions; and

(b) will have no financial or other interest in any marital proceedings between the parties.

(8) Regulations made under this section may, in particular, make provision—

(a) about the places and times at which information meetings are to be held;

(b) for written information to be given to persons attending them;

(c) for the giving of information to parties (otherwise than at information meetings) in cases in which the requirement to attend such meetings does not apply;

(d) for information of a prescribed kind to be given only with the approval of the Lord Chancellor or only by a person or by persons approved by him; and

(e) for information to be given, in prescribed circumstances, only with the approval of the Lord Chancellor or only by a person, or by persons, approved by him.

(9) Regulations made under subsection (6) must, in particular, make provision with respect to the giving of information about—

(a) marriage counselling and other marriage support services;

(b) the importance to be attached to the welfare, wishes and feelings of children;

(c) how the parties may acquire a better understanding of the ways in which children can be helped to cope with the breakdown of a marriage;

(d) the nature of the financial questions that may arise on divorce or separation, and services which are available to help the parties;

(e) protection available against violence, and how to obtain support and assistance;

(f) mediation;

(g) the availability to each of the parties of independent legal advice and representation;

[F1 (h) the availability of services funded by the Legal Services Commission as part of the Community Legal Service, and where parties can get advice about obtaining such services;]

(i) the divorce and separation process.

(10) Before making any regulations under subsection (6), the Lord Chancellor must consult such persons concerned with the provision of relevant information as he considers appropriate.

(11) A meeting with a marriage counsellor arranged under this section—

(a) must be held in accordance with prescribed provisions; and

(b) must be with a person qualified and appointed in accordance with prescribed provisions.

(12) A person who would not be required to make any contribution towards mediation [F2 funded for him by the Legal Services Commission as part of the Community Legal Service] shall not be required to make any contribution towards the cost of a meeting with a marriage counsellor arranged for him under this section.

(13) In this section “prescribed” means prescribed by regulations made by the Lord Chancellor.

Annotations:

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Amendments (Textual)

F1 S. 8(9)(h) substituted (1.4.2000) by 1999 c. 22, s. 24, Sch. 4 para. 51(1)(2) (with Sch. 14 para. 7(2)); S.I. 2000/774, art. 2(a)(ii) (subject to transitional provisions and savings in arts. 3, 4)

F2 Words in s. 8(12) substituted (1.4.2000) by 1999 c. 22, s. 24, Sch. 4 paras. 50, 51(1)(3) (with Sch. 14 para. 7(2)); S.I. 2000/774, art. 2(a)(ii) (subject to transitional provisions and savings in arts. 3, 4)