PART 2Family justice
17I1Repeal of restrictions on divorce and dissolution etc where there are children
1
The following are repealed—
a
section 41 of the Matrimonial Causes Act 1973 (in proceedings for divorce etc. court is to consider whether to exercise powers under Children Act 1989);
b
section 63 of the Civil Partnership Act 2004 (in proceedings for dissolution etc. court is to consider whether to exercise powers under Children Act 1989).
2
The following amendments and repeals are in consequence of the repeals made by subsection (1).
3
In section 9(1)(a) of the Matrimonial Causes Act 1973 (proceedings after decree of divorce: power to make decree absolute is subject to section 41)—
a
for “sections” substitute “
section
”
, and
b
omit “and 41”.
4
In section 17(2) of that Act (grant of decree of judicial separation is subject to section 41) omit “, subject to section 41 below,”.
5
Omit paragraph 31 of Schedule 12 to the Children Act 1989 (which substitutes section 41 of the Matrimonial Causes Act 1973).
6
In section 40(4)(b) of the Civil Partnership Act 2004 (proceedings after conditional order: power to make order final is subject to section 63) omit the words from “and section 63” to the end.
7
In section 56(3) of that Act (making of separation order is subject to section 63) omit “, subject to section 63,”.