Divorce, Dissolution and Separation Bill (HC Bill 125)

Divorce, Dissolution and Separation BillPage 10

(3) In subsection (2), for “grant a decree of nullity” substitute “make a nullity of
marriage order”.

(4) In subsection (2A), for “grant a decree of nullity” substitute “make a nullity
of marriage order”.

(5) 5In subsection (3)—

(a) for “grant a decree of nullity” substitute “make a nullity of marriage
order”, and

(b) for “petitioner” substitute “applicant”.

(6) In subsection (4)—

(a) 10in the words before paragraph (a), for “grant of a decree of nullity”
substitute “making of a nullity of marriage order”;

(b) in paragraph (a), for “petitioner” substitute “applicant”.

14 For section 15 (application of sections 1(5), 8 and 9 to nullity proceedings)
substitute—

15 15Application of sections 8 and 9 to proceedings for a nullity of marriage
order

Section 8 (intervention of Queen’s Proctor) and section 9
(proceedings before divorce order has been made final: general
powers of court) apply in relation to proceedings for a nullity of
20marriage order as if for any reference in those sections to a divorce
order there were substituted a reference to a nullity of marriage
order.”

15 (1) Section 16 (effect of decree of nullity in case of voidable marriage) is
amended as follows.

(2) 25In the heading, for “decree of nullity” substitute “annulment”.

(3) The existing text becomes subsection (1).

(4) In subsection (1)—

(a) for the words from the beginning to “1971” substitute “A nullity of
marriage order granted”;

(b) 30for “decree has been made absolute,” substitute “order has been
made final,”;

(c) for “notwithstanding the decree,” substitute “notwithstanding the
order,”.

(5) After subsection (1) insert—

(2) 35Subsection (1) has effect in relation to a decree of nullity granted after
31 July 1971 as it has effect in relation to a nullity of marriage order,
but with the substitution—

(a) for “order has been made final,” of “decree has been made
absolute,” and

(b) 40for “notwithstanding the order,” of “notwithstanding the
decree,”.

16 In section 18 (effects of judicial separation)—

(a) omit subsection (1);

(b) in subsection (2), after “decree of judicial separation” insert “or
45judicial separation order”.

Divorce, Dissolution and Separation BillPage 11

17 Omit section 20 (relief for respondent in divorce proceedings) and the
heading before it.

18 In section 21 (financial provision and property adjustment orders)—

(a) in subsection (2), for “grant of a decree of divorce, nullity of marriage
5or judicial separation,” substitute “making of a divorce, nullity of
marriage or judicial separation order,”;

(b) at the end insert—

(3) See also section 52A (interpretation of certain references to
divorce orders, nullity of marriage orders and judicial
10separation orders).”

19 In section 22 (maintenance pending suit), in subsection (1)—

(a) for “a petition for divorce, nullity of marriage or judicial separation,”
substitute “an application for a divorce, nullity of marriage or
judicial separation order,”;

(b) 15for “presentation of the petition” substitute “making of the
application”.

20 (1) Section 23 (financial provision orders in connection with divorce
proceedings etc) is amended as follows.

(2) In subsection (1), for the words from the beginning to “absolute),” substitute
20“On making a divorce, nullity of marriage or judicial separation order or at
any time after making such an order (whether, in the case of a divorce or
nullity of marriage order, before or after the order is made final),”.

(3) In subsection (2)(a), for “granting a decree;” substitute “making a divorce
order, nullity of marriage order or judicial separation order (as the case may
25be);”.

(4) In subsection (5), for the words from “granting” to the end substitute
“making a divorce or nullity of marriage order, neither the order under
subsection (1)(a), (b) or (c) nor any settlement made in pursuance of it is to
take effect unless the divorce or nullity of marriage order has been made
30final.”

(5) At the end insert—

(7) See also section 52A (interpretation of certain references to divorce
orders, nullity of marriage orders and judicial separation orders).”

21 (1) Section 24 (property adjustment orders in connection with divorce
35proceedings etc) is amended as follows.

(2) In subsection (1), for the words from the beginning to “absolute),” substitute
“On making a divorce, nullity of marriage or judicial separation order or at
any time after making such an order (whether, in the case of a divorce or
nullity of marriage order, before or after the order is made final),”.

(3) 40In subsection (3), for the words from “granting” to the end substitute
“making a divorce or nullity of marriage order, neither the order under this
section nor any settlement made in pursuance of it is to take effect unless the
divorce or nullity of marriage order has been made final.”

Divorce, Dissolution and Separation BillPage 12

(4) At the end insert—

(4) See also section 52A (interpretation of certain references to divorce
orders, nullity of marriage orders and judicial separation orders).”

22 (1) Section 24A (orders for sale of property) is amended as follows.

(2) 5In subsection (3), for the words from “grant” to the end substitute “making
of a divorce or nullity of marriage order, the order under subsection (1) is not
to take effect unless the divorce or nullity of marriage order has been made
final.”

(3) At the end insert—

(7) 10See also section 52A (interpretation of certain references to divorce
orders, nullity of marriage orders and judicial separation orders).”

23 (1) Section 24B (pension sharing orders in connection with divorce proceedings
etc) is amended as follows.

(2) In subsection (1), for the words from the beginning to “absolute),” substitute
15“On making a divorce or nullity of marriage order or at any time after
making such an order (whether before or after the order is made final),”.

(3) In subsection (2), for the words from “decree” to the end substitute “divorce
or nullity of marriage order on or after which it is made has been made
final.”

(4) 20At the end insert—

(6) See also section 52A (interpretation of certain references to divorce
orders, nullity of marriage orders and judicial separation orders).”

24 (1) Section 24E (pension compensation sharing orders in connection with
divorce proceedings) is amended as follows.

(2) 25In subsection (1), for the words from the beginning to “absolute),” substitute
“On making a divorce or nullity of marriage order or at any time after
making such an order (whether before or after the order is made final),”.

(3) In subsection (2), for the words from “decree” to the end substitute “divorce
or nullity of marriage order on or after which it is made has been made
30final.”

(4) At the end insert—

(11) See also section 52A (interpretation of certain references to divorce
orders, nullity of marriage orders and judicial separation orders).”

25 (1) Section 25A (exercise of court’s powers in favour of party to marriage on
35decree of divorce or nullity of marriage) is amended as follows.

(2) In the heading, for “decree of divorce or nullity of marriage” substitute
“divorce or nullity of marriage order”.

(3) In subsection (1)—

(a) for “grant of a decree of divorce or nullity of marriage” substitute
40“making of a divorce or nullity of marriage order”;

(b) for “grant of the decree” substitute “making of the order”.

Divorce, Dissolution and Separation BillPage 13

(4) In subsection (3), for “grant of a decree of divorce or nullity of marriage”
substitute “making of a divorce or nullity of marriage order”.

(5) At the end insert—

(4) See also section 52A (interpretation of certain references to divorce
5orders, nullity of marriage orders and judicial separation orders).”

26 In section 26 (commencement of proceedings for ancillary relief etc)—

(a) in subsection (1)—

(i) for the words from “a petition” to “presented,” substitute “an
application for a divorce, nullity of marriage or judicial
10separation order has been made,”;

(ii) for “presentation of the petition” substitute “presentation of
the application”;

(b) in subsection (2)(a), for “petition or answer” substitute “application
or response”;

(c) 15in subsection (2)(b) for “presentation of the petition or filing of the
answer” substitute “presentation of the application or filing of the
response”.

27 (1) Section 28 (duration of continuing financial provision orders in favour of
party to marriage, and effect of remarriage or formation of civil partnership)
20is amended as follows.

(2) In subsection (1)—

(a) in the words before paragraph (a), for “grant of a decree of divorce
or nullity of marriage” substitute “making of a divorce or nullity of
marriage order”;

(b) 25in paragraph (a), for “grant of a decree of divorce or nullity of
marriage,” substitute “making of a divorce or nullity of marriage
order,” and after “favour the” insert “periodical payments”;

(c) in paragraph (b)—

(i) for “grant of such a decree,” substitute “making of a divorce
30or nullity of marriage order,”;

(ii) after “favour the” insert “secured periodical payments”.

(3) In subsection (1A)—

(a) for “grant of a decree of divorce or nullity of marriage,” substitute
“making of a divorce or nullity of marriage order,”;

(b) 35after “in the” insert “periodical payments or secured periodical
payments”.

(4) In subsection (2)—

(a) for “grant of a decree of divorce or nullity of marriage,” substitute
“making of a divorce or nullity of marriage order,”;

(b) 40for “order continues in force, the order” substitute “periodical
payments or secured periodical payments order continues in force,
that order”.

(5) In subsection (3)—

(a) for “grant of a decree” substitute “grant or making of a decree or
45order”;

(b) for “grant of that decree,” substitute “grant or making of that decree
or order,”.

Divorce, Dissolution and Separation BillPage 14

(6) At the end insert—

(4) See also section 52A (interpretation of certain references to divorce
orders, nullity of marriage orders and judicial separation orders).”

28 In section 30 (direction for settlement of instrument for securing payments
5or effecting property adjustment), in paragraph (b), for “grant of the decree
in question” substitute “making of the divorce, nullity of marriage or judicial
separation order”.

29 (1) Section 31 (variation, discharge etc of certain orders for financial relief) is
amended as follows.

(2) 10In subsection (2)(e), for “grant of a decree of judicial separation;” substitute
“making of a judicial separation order;”.

(3) In subsection (2)(g), for “decree has been made absolute” substitute “divorce
or nullity of marriage order has been made final”.

(4) In subsection (4)(a), for “decree of judicial separation” substitute “judicial
15separation order”.

(5) In subsection (4A)(a)(ii), for “decree has not been made absolute” substitute
“divorce or nullity of marriage order has not been made final”.

(6) In subsection (4B), for “decree is made absolute” substitute “divorce or
nullity of marriage order is made final”.

(7) 20In subsection (7)(a), for “grant of a decree of divorce or nullity of marriage,”
substitute “making of a divorce or nullity of marriage order,”.

(8) At the end insert—

(16) See also section 52A (interpretation of certain references to divorce
orders, nullity of marriage orders and judicial separation orders).”

30 25In section 47 (matrimonial relief and declarations of validity in respect of
polygamous marriages)—

(a) in subsection (2)(a), for “decree” substitute “order”;

(b) in paragraph (d) omit “decree or”.

31 (1) Section 49 (parties to proceedings under this Act) is amended as follows.

(2) 30Omit subsections (1) to (3).

(3) In subsection (4)—

(a) omit “, in cases not falling within subsection (1) above,”;

(b) omit “adultery or other”.

(4)
In subsection (5), for the words from the beginning to “suit or” substitute “In
35every case”.

32 After section 52 insert—

52A Interpretation of certain references to divorce orders, nullity of
marriage orders and judicial separation orders

(1) In sections 21(2), 23(1) and (5), 24(1) and (3), 24A(3), 24B(1) and (2),
4024E(1) and (2), 25A(1) and (3), 28(1) to (2) and 31—

(a) a reference to a divorce order includes a decree of divorce,

Divorce, Dissolution and Separation BillPage 15

(b) a reference to a nullity of marriage order includes a decree of
nullity of marriage;

(c) a reference to a judicial separation order includes a decree of
judicial separation;

(d) 5a reference to making includes granting;

(e) a reference to an order being made final includes a decree
being made absolute.”

33 In Schedule 1 (transitional provisions and savings)—

(a) omit paragraph 8;

(b) 10in paragraph 11(3A), for “grant a decree of nullity” substitute “make
a nullity of marriage order”;

(c) in paragraph 11(4), for “a decree of nullity has not been granted”
substitute “no decree of nullity or nullity of marriage order has been
made”.

15Part 2 Amendments to the Civil Partnership Act 2004

34 The Civil Partnership Act 2004 is amended as follows.

35 In section 40 (proceedings before order has been made final), in subsection
(4)—

(a) 20in paragraph (a), for “section 37(2)” substitute “sections 37A(1) and
38(A1)”;

(b) in paragraph (b) omit “in separation cases”.

36 In section 41 (time bar on applications for dissolution orders), omit
subsection (2).

37 25In section 42 (attempts at reconciliation of civil partners), in subsection (2),
in the words before paragraph (a), for “the applicant to certify whether he”
substitute “an applicant to certify whether the representative”.

38 Omit section 45 (supplemental provisions as to facts raising presumption of
breakdown).

39 30Omit section 46 (dissolution order not precluded by previous separation
order etc).

40 Omit section 47 (refusal of dissolution in 5 year separation cases on ground
of grave hardship).

41 In section 48 (proceedings before order made final: protection for
35respondent in separation cases)—

(a) in the heading omit “in separation cases”;

(b) omit subsection (1);

(c) for subsection (2) substitute—

(2) Subsections (3) to (5) apply if—

(a) 40on an application for a dissolution order a conditional
order has been made and—

(i) the conditional order is in favour of one civil
partner only, or

Divorce, Dissolution and Separation BillPage 16

(ii) the conditional order is in favour of both civil
partners but one of them has since withdrawn
from the application, and

(b) the respondent has applied to the court for
5consideration under subsection (3) of their financial
position after the dissolution of the civil partnership.”

42 Omit section 62 (relief for respondent in dissolution proceedings).

Part 3 Amendments to other Acts

43 10In section 18A of the Wills Act 1837 (effect of dissolution or annulment of
marriage on wills), in subsection (1), in the words before paragraph (a) omit
“a decree of”.

44 (1) The Inheritance (Provision for Family and Dependants) Act 1975 is amended
as follows.

(2) 15In section 1 (application for financial provision from deceased’s estate), in
subsection (2)(a)—

(a) for “decree of judicial separation” substitute “judicial separation
order”;

(b) for “the decree” substitute “the order”.

(3) 20In section 3 (matters to which court is to have regard in exercising powers
under section 2), in subsection (2), in the words after paragraph (b)—

(a) for “decree of judicial separation” substitute “judicial separation
order”;

(b) for “decree of divorce” substitute “divorce order”.

(4) 25In section 14 (provision as to cases where no financial relief was granted in
divorce proceedings etc)—

(a) in subsection (1)—

(i) in the words before paragraph (a), for the words from “decree
of divorce” to “granted,” substitute “divorce order or nullity
30of marriage order has been made final or a judicial separation
order has been made,”;

(ii) in the words after paragraph (b), for the words from “decree
of divorce” to “granted,” substitute “divorce order or nullity
of marriage order had not been made final or the judicial
35separation order had not been made,”;

(b) in subsection (2)—

(i) for “decree of judicial separation” substitute “judicial
separation order”;

(ii) for “the decree” substitute “the order”.

(5) 40In section 15 (restriction imposed in divorce proceedings etc)—

(a) in subsection (1), for the words from “grant” to “separation”
substitute “making of a divorce, nullity of marriage or judicial
separation order”;

(b) In subsection (2)—

(i) 45for “decree of divorce or nullity of marriage” substitute
“divorce or nullity of marriage order”;

Divorce, Dissolution and Separation BillPage 17

(ii) for the words from “after” to the end substitute “after the
divorce or nullity of marriage order is made final, but if it is
made before that order is made final it shall not take effect
unless that order is made final”;

(c) 5in subsection (3), for “grant of a decree of divorce or nullity of
marriage” substitute “making of a divorce or nullity of marriage
order”;

(d) in subsection (4)—

(i) for “grant of a decree of judicial separation” substitute
10“making of a judicial separation order”;

(ii) for “decree is” substitute “order is”.

(6) In section 19 (effect, duration and form of orders), in subsection (2)(b)—

(a) for “decree of judicial separation” substitute “judicial separation
order”;

(b) 15for “the decree” substitute “the order”.

(7) In section 25 (interpretation)—

(a) in subsection (1), in the definition of “former spouse”, in paragraph
(a), for the words from “decree” to “granted” substitute “divorce
order or nullity of marriage order made, or a decree of divorce or of
20nullity of marriage granted,”;

(b) after subsection (5A) insert—

(5B) In sections 1(2), 3(2), 14, 15 and 19(2)—

(a) a reference to a divorce order includes a decree of
divorce,

(b) 25a reference to a nullity of marriage order includes a
decree of nullity of marriage;

(c) a reference to a judicial separation order includes a
decree of judicial separation;

(d) a reference to making includes granting;

(e) 30a reference to an order being made final includes a
decree being made absolute.”

45 In the Legitimacy Act 1976, in section 10 (interpretation), in subsection (1), in
the definition of “void marriage”, after “jurisdiction” insert “to make a
nullity of marriage order or”.

46 35In section 18 of the Senior Courts Act 1981 (restrictions on appeals to Court
of Appeal), after paragraph (d) insert—

(da) from a divorce order or nullity of marriage order that has
been made final, by a party who, having had time and
opportunity to appeal from the conditional order on which
40that final order was founded, has not appealed from the
conditional order;”.

47 In the Civil Jurisdiction and Judgments Act 1982, in section 18 (enforcement
of UK judgments in other parts of UK), in subsection (6)(a), at the beginning
insert “a judicial separation order or”.

48 (1) 45The Matrimonial and Family Proceedings Act 1984 is amended as follows.

(2) In section 17 (orders for financial provision and property adjustment), in
subsection (1)(a), for the words from “decree of divorce” to “granted”

Divorce, Dissolution and Separation BillPage 18

substitute “divorce order, nullity of marriage order or judicial separation
order in respect of the marriage had been made”.

(3) In section 22 (powers of court in relation to certain tenancies of dwelling-
houses), in subsection (2), for the words from “decree of divorce” to
5“granted” substitute “divorce order, nullity of marriage order or judicial
separation order had been made”.

49 In the Finance Act 1985, in section 83 (transfers in connection with divorce,
dissolution of civil partnership etc), in subsection (1)—

(a) in paragraph (a), for the words from “a decree” to “separation,”
10substitute “an order or decree for their divorce, the annulment of the
marriage or their judicial separation,”;

(b) in paragraph (b), for “a decree,” substitute “an order or decree for
divorce, annulment or judicial separation as is mentioned in
paragraph (a),”.

50 15In the Agricultural Holdings Act 1986, in Schedule 6 (eligibility to apply for
new tenancy under Part 4 of the Act), in paragraph 1(3), for the words from
“subject of” to the end substitute subject of—

(a) a judicial separation order or decree of judicial separation,
or

(b) 20a conditional divorce or nullity of marriage order or a
decree nisi of divorce or of nullity of marriage.”

51 (1) The Family Law Act 1986 is amended as follows.

(2) In section 2A (jurisdiction in or in connection with matrimonial proceedings
or civil partnership proceedings), in subsection (2)(a), after “grant of a decree
25of judicial separation” insert “or the making of a judicial separation order”.

(3) In section 6 (duration and variation of Part 1 Orders), in subsection (3B)(c),
for “decree of judicial separation has not yet been granted” substitute
“judicial separation order”.

(4) In section 42 (general interpretation of Part 1), in subsection (2), for the
30words from “eighteen” to the end substitute eighteen—

(a) in the case of proceedings for a decree of divorce, nullity or
judicial separation, whether or not a decree has been granted
and whether or not (in the case of a decree of divorce or
nullity of marriage) that decree has been made absolute;

(b) 35in the case of proceedings for a divorce, nullity of marriage or
judicial separation order, whether or not an order has been
made and whether or not (in the case of a divorce or nullity
of marriage order) that order has been made final.”

(5) In section 54 (interpretation of Part 2), in the definition of “annulment”, after
40“any” insert “nullity of marriage order or”.

(6) In section 58 (general provisions as to the making and effect of declarations),
in subsection (6) for “grant a decree of nullity of marriage” substitute “make
a nullity of marriage order”.

52 In the Children Act 1989, in section 6 (guardians: revocation and disclaimer),
45in subsection (3A)(a) omit “a decree of”.

53 In section 225B of the Taxation of Chargeable Gains Act 1992 (disposals in
connection with divorce etc), in subsection (2)(b)(i)—

Divorce, Dissolution and Separation BillPage 19

(a) for “an order or” substitute “a divorce or nullity of marriage order,”;

(b) after “marriage,” insert “an order or decree”;

(c) after “partnership, or” insert “an order or decree”.

54 (1) Schedule 7 to the Family Law Act 1996 (transfer of certain tenancies on
5divorce etc or on separation of cohabitants) is amended as follows.

(2) In paragraph 2(2), for paragraph (a) substitute—

(a) on making a divorce, nullity of marriage or judicial
separation order or at any time after making such an order
(whether, in the case of a divorce or nullity of marriage
10order, before or after the order is made final), or”.

(3) In paragraph 12(a)—

(a) for “decree of divorce or nullity has been granted,” substitute
“divorce or nullity of marriage order has been made,”;

(b) for “decree is made absolute” substitute “order is made final”.

(4) 15In paragraph 13(1), for “grant of a decree” substitute “making of an order”
and for “grant of that decree,” substitute “making of that order,”.

(5) After paragraph 13 insert—

“Inclusion of references to decrees in references to orders

13A In paragraphs 2 to 13—

(a) 20a reference to a divorce order includes a decree of divorce;

(b) a reference to a nullity of marriage order includes a decree
of nullity of marriage;

(c) a reference to a judicial separation order includes a decree
of judicial separation;

(d) 25a reference to making includes granting;

(e) a reference to an order being made final includes a decree
being made absolute.”

55 In the Finance Act 2003, in Schedule 3 (stamp duty land tax: transactions
exempt from charge), in paragraph 3—

(a) 30in paragraph (a), for the words from “a decree” to “separation;”
substitute “an order or decree for their divorce, the annulment of the
marriage or their judicial separation;”;

(b) in paragraph (b), for “a decree;” substitute “an order or decree for
divorce, annulment or judicial separation as is mentioned in
35paragraph (a);”.

56 In section 5 of the Gender Recognition Act 2004 (issue of full certificates
where applicant has been married), in subsection (1)—

(a) in paragraph (a), for “absolute a decree of nullity granted” substitute
“final a nullity of marriage order made”;

(b) 40omit “or” at the end of that paragraph;

(c) after paragraph (a) insert—

(aa) (in Northern Ireland) makes absolute a decree of
nullity granted on that ground, or”.

57 (1) Section 55D of the Income Tax Act 2007 (procedure for elections under
45section 55C) is amended as follows.