Modifications, Saving and Transitional

Schedule 9 – in the House of Commons at 11:15 pm on 17th June 1996.

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Amendment made: No. 107, in page 83, line 15, at end insert— `Transitional arrangements for those who have been living apart.—(1) The Lord Chancellor may by order provide for the application of Part II to marital proceedings which—

  1. (a) are begun during the transitional period, and
  2. (b) relate to parties to a marriage who immediately before the beginning of that period were living apart,
subject to such modifications (which may include omissions) as may be prescribed.

(2) An order made under this paragraph may, in particular, make provision as to the evidence which a party who claims to have been living apart from the other party immediately before the beginning of the transitional period must produce to the court.

(3) In this paragraph— marital proceedings" has the same meaning as in section 21;prescribed" means prescribed by the order; andtransitional period" means the period of two years beginning with the day on which section 3 is brought into force.'.—[Mr. Nicholas Brown.]

Amendments made: No. 93, in page 84, line 13, leave out from 'affects' to end of line 14 and insert


  • () any decree granted before the coming into force of the provision;
  • () any proceedings begun, by petition or otherwise, before that time; or
  • () any decree granted in any such proceedings;'.

No. 94, in page 84, line 19, after first 'proceedings' insert 'or decree'.

No. 95, in page 84, line 20, leave out from 'any' to third 'or' and insert 'such proceedings or decree;'.—[Mr. Streeter.]