Minor and Consequential Amendments

Schedule 8 – in the House of Commons at 11:15 pm on 17th June 1996.

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Amendments made: No. 79, in page 66, line 37, leave out from 'In' to 'section'.

No. 80, in page 66, line 38, after 'applies)' insert

'—

(a) in subsection (2)(a)(i),'.

No. 81, in page 66, line 39, leave out 'and'.

No. 82, in page 66, line 39, at end insert; and

(b) in subsection (2)(c)(v), after "Matrimonial Causes Act 1973" insert "(as that Act had effect immediately before the passing of the Family Law Act 1996)".'.

No. 83, in page 67, leave out lines 4 to 13.

No. 84, in page 67, line 46, at end insert— 'Proceedings after decree nisi: general powers of court15B.—(1) Where a decree of nullity of marriage has been granted under this Act but not made absolute, then, without prejudice to section 15A above, any person (excluding a party to the proceedings other than the Queen's Proctor) may show cause why the decree should not be made absolute by reason of material facts not having been brought before the court; and in such a case the court may—

  1. (a) notwithstanding anything in section 15 above (but subject to section 41 below) make the decree absolute; or
  2. (b) rescind the decree; or
  3. (c) require further inquiry; or
  4. (d) otherwise deal with the case as it thinks fit.

(2) Where a decree of nullity of marriage has been granted under this Act and no application for it to be made absolute has been made by the party to whom it was granted, then, at any time after the expiration of three months from the earliest date on which that party could have made such an application, the party against whom it was granted may make an application to the court, and on that application the court may exercise any of the powers mentioned in paragraphs (a) to (d) of subsection (1) above.'.

No. 85, in page 67, line 47, after 'divorce' insert 'to'.

No. 86, in page 67, line 48, leave out from '19)' to end of line 6 on page 68 and insert

'—

  1. (a) for "1(5), 8 and 9" substitute "15, 15A and 15B"; and
  2. (b) for "divorce" in both places substitute "nullity of marriage".'.

No. 87, in page 69, line 10, at end insert

`and, if the first party has already applied to the court for the making of such an order, it may dismiss the application.'.

No. 88, in page 69, line 25, leave out from beginning to 'substitute' in line 26 and insert— `—(1) Section 27 (financial provision orders etc. in case of failure to provide proper maintenance) is amended as follows.

(2) In subsection (5)—

  1. (a) after "an order requiring the respondent" insert "—
    1. (a)"; and
    2. (b) at the end insert ", or
  2. (b) to pay to the applicant such lump sum or sums as the court thinks reasonable."

(3) For subsection (6)'.

No. 89, in page 69, line 31, at end insert— '(4) In subsection (7), for "(6)(c) or (f)" substitute "(6)".'.

No. 90, in page 72, line 9, at end insert

',so far as it requires the making of periodical payments." `.—[Mr. Streeter.]

Amendment made: No. 16, in page 72, leave out lines 27 to 46.—[Mr. Llwyd.]

Amendments made: No. 91, in page 73, line 22, after '22A' insert 'or 23'.

No. 92, in page 75, line 35, leave out from 'etc.)' to end of line 45 and insert

'— (a) after paragraph (b), insert—(bb) is executed in pursuance of an order of a court which is made at any time under section 22A, 23A or 24A of the Matrimonial Causes Act 1973, or"; and(b) in paragraph (c), for "or their judicial separation" substitute ", their judicial separation or the making of a separation order in respect of them".'.—[Mr. Streeter.]