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Matrimonial Proceedings (Children) Act 1958

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[F18 Duty of court in actions of divorce, etc., to consider arrangements for children’s welfare before granting decree.E+W

(1)Subject to the provisions of this section, in any action for divorce, nullity of marriage or separation the court shall not grant decree of divorce, nullity of marriage or separation unless and until the court is satisfied as respects every child for whose [F2custody the court has power]] to make provision in that action—

(a)that arrangements have been made for the care and upbringing of the child and that those arrangements are satisfactory or are the best which can be devised in the circumstances; or

(b)that it is impracticable for the party or parties appearing before the court to make any such arrangements.

[F3In this subsection “child” does not include a child with respect to whom the court has made an order under section 13(6) or 14(2) of the Family Law Act 1986]

(2)The court may, if it thinks fit, proceed to grant decree of divorce, nullity of marriage or separation without observing the requirements of the foregoing subsection if it appears that there are circumstances making it desirable that decree should be granted without delay and if the court has obtained a satisfactory undertaking from either or both of the parties to bring the question of the arrangements for the children before the court within a specified time.

(3)This section shall not apply in relation to actions commenced before the commencement of this Part of this Act.

Textual Amendments

F1S. 8 repealed (S.) (1.11.1996) by 1995 c. 36, s. 105(5), Sch. 5; S.I. 1996/2203, art. 3(3), Sch. Table

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