Divorce (Religious Marriages) Bill [H.L.]

House of Commons

Session 1999-2000
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Divorce (Religious Marriages) Bill [H.L.]

This is the text of the Divorce (Religious Marriages) Bill [H.L.], as passed by the House of Lords and introduced in the House of Commons on 17th July 2000.

Divorce (Religious Marriages) Bill [H.L.]

ARRANGEMENT OF CLAUSES

Clause

1. Refusal of decree absolute on grounds of non-dissolution of religious marriage.

2. Short title, commencement and extent.

A
B I L L
TO
Make provision enabling a court to require the dissolution of a religious marriage before granting a civil divorce.
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

Refusal of decree absolute on grounds of non-dissolution of religious marriage.     1. After section 10 of the Matrimonial Causes Act 1973 (proceedings after decree nisi: separation) there shall be inserted-

"Proceedings after decree nisi: religious marriage.     10A. - (1) This section applies where the parties to proceedings-

(a) were married to each other in accordance with usages of a kind mentioned in section 26(1)(d) of the Marriage Act 1949 (marriage under certificate), and

(b) are required to co-operate if the marriage is to be dissolved in accordance with those usages.

    (2) This section also applies where the parties to proceedings-

(a) were married to each other according to religious usages of a kind prescribed in an order made by the Lord Chancellor; and

(b) are required to co-operate if the marriage is to be dissolved in accordance with those usages.

    (3) On the application of either party to the marriage, the court may order that a decree of divorce is not to be made absolute until a declaration made by both parties that they have taken such steps as are required to dissolve the marriage in accordance with those usages is produced to the court.

    (4) An order under subsection (3)-

(a) may be made only if the court is satisfied that in all the circumstances of the case it is just and reasonable to do so, and

(b) may be revoked at any time.

    (5) A declaration of a kind mentioned in subsection (3)-

(a) must be in a specified form;

(b) must, in specified cases, be accompanied by such documents as may be specified; and

(c) must, in specified cases, satisfy such other requirements as may be specified.

    (6) The validity of a decree of divorce made by reference to such a declaration is not to be affected by any inaccuracy in the declaration.

    (7) An order under subsection (2)-

(a) must be made by statutory instrument;

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

    (8) "Specified" means specified in rules of court."

Short title, commencement and extent.     2. - (1) This Act may be cited as the Divorce (Religious Marriages) Act 2000.

    (2) This Act shall come into force at the end of a period of two months beginning with the day on which it is passed.

    (3) This Act extends to England and Wales only.

© Parliamentary copyright 2000
Prepared 17 July 2000