Children and Families Act 2014

17 Repeal 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(1) The following are repealed—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,”.