Conversion of Separation Order into Divorce Order

Clause 4 – in the House of Commons at 8:30 pm on 17th June 1996.

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Amendments made: No. 20, in page 2, line 35, after `while' insert

'—

(a)'

No. 21, in page 2, line 36, at end insert '; or

(b) subsection (3A) applies.'.—[Mr. Streeter.]

Amendment proposed: No. 22, in page 2, line 42, at end insert

`once the requirements of section 41 of the 1973 Act have been satisfied.'.—[Mr. Streeter.]

Amendment made to the proposed amendment: (a), leave out

'41 of the 1973 Act'

and insert

'(Welfare of childreni)'.—[Mr. Llwyd.]

Amendment, as amended, agreed to.

Amendment made: No. 23, in page 2, line 42, at end insert—

'(3A) Subject to subsection (3B), this subsection applies if—

  1. (a) there is a child of the family who is under the age of sixteen when the application under this section is made; or
  2. (b) the application under this section is made by one party and the other party applies to the court, before the end of such period as may be prescribed by rules of court, for time for further reflection.

(3B) Subsection (3A)—

  1. (a) does not apply if, at the time when the application under this section is made, there is an occupation order or a non-molestation order in force in favour of the applicant, or of a child of the family, made against the other party;
  2. (b) does not apply if the court is satisfied that delaying the making of a divorce order would be significantly detrimental to the welfare of any child of the family;
  3. (c) ceases to apply—
    1. (i) at the end of the period of six months beginning with the end of the period of reflection and consideration by reference to which the separation order was made; or
    2. (ii) if earlier, on there ceasing to be any children of the family to whom subsection (3A)(a) applied.'.—[Mr. Streeter.]