Divorce, Dissolution and Separation Act 2020

The Matrimonial Causes Act 1973 is amended as follows.

Omit section 2 (supplemental provisions as to facts raising presumption of breakdown).

In section 3 (bar on petitions for divorce within one year of marriage)—

Omit section 4 (divorce not precluded by previous judicial separation).

Omit section 5 (refusal of decree in five year separation cases on grounds of grave hardship to respondent).

In section 6 (attempts at reconciliation of parties to marriage)—

In section 7 (consideration by the court of certain agreements or arrangements)—

In section 8 (intervention of Queen's Proctor)—

In section 9 (proceedings after decree nisi: general powers of court)—

In section 10 (proceedings after decree nisi: special protection for respondent in separation cases)—

In section 10A (proceedings after decree nisi: religious marriage)—

After section 12A insert—

Section 13 (bars to relief where marriage is voidable) is amended as follows. In subsection (1)— In subsection (2), for “grant a decree of nullity” substitute “ make a nullity of marriage order ”. In subsection (2A), for “grant a decree of nullity” substitute “ make a nullity of marriage order ”. In subsection (3)— In subsection (4)—

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

Section 16 (effect of decree of nullity in case of voidable marriage) is amended as follows. In the heading, for “decree of nullity” substitute “ annulment ”. The existing text becomes subsection (1). In subsection (1)— After subsection (1) insert—.

In section 18 (effects of judicial separation)—

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

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

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

Section 23 (financial provision orders in connection with divorce proceedings etc) is amended as follows. 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), ”. 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 be); ”. 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 final. ” At the end insert—

Section 24 (property adjustment orders in connection with divorce proceedings etc) is amended as follows. 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), ”. In 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. ” At the end insert—

Section 24A (orders for sale of property) is amended as follows. In 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. ” At the end insert—

Section 24B (pension sharing orders in connection with divorce proceedings etc) is amended as follows. In 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), ”. 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. ” At the end insert—

Section 24E (pension compensation sharing orders in connection with divorce proceedings) is amended as follows. In 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), ”. 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. ” At the end insert—

Section 25A (exercise of court's powers in favour of party to marriage on decree of divorce or nullity of marriage) is amended as follows. In the heading, for “decree of divorce or nullity of marriage” substitute “ divorce or nullity of marriage order ”. In subsection (1)— In subsection (3), for “grant of a decree of divorce or nullity of marriage” substitute “ making of a divorce or nullity of marriage order ”. At the end insert—

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

Section 28 (duration of continuing financial provision orders in favour of party to marriage, and effect of remarriage or formation of civil partnership) is amended as follows. In subsection (1)— In subsection (1A)— In subsection (2)— In subsection (3)— At the end insert—

In section 30 (direction for settlement of instrument for securing payments or 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 ”.

Section 31 (variation, discharge etc of certain orders for financial relief) is amended as follows. In subsection (2)(e), for “grant of a decree of judicial separation;” substitute “ making of a judicial separation order; ”. In subsection (2)(g), for “decree has been made absolute” substitute “ divorce or nullity of marriage order has been made final ”. In subsection (4)(a), for “decree of judicial separation” substitute “ judicial separation order ”. In subsection (4A)(a)(ii), for “decree has not been made absolute” substitute “ divorce or nullity of marriage order has not been made final ”. In subsection (4B), for “decree is made absolute” substitute “ divorce or nullity of marriage order is made final ”. In subsection (7)(a), for “grant of a decree of divorce or nullity of marriage,” substitute “ making of a divorce or nullity of marriage order, ”. At the end insert—

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

Section 49 (parties to proceedings under this Act) is amended as follows. Omit subsections (1) to (3). In subsection (4)— In subsection (5), for the words from the beginning to “suit or” substitute “ In every case ”.

After section 52 insert—

In Schedule 1 (transitional provisions and savings)—

The Civil Partnership Act 2004 is amended as follows.

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

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

In 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 ”.

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

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

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

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

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

In 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”.

The Inheritance (Provision for Family and Dependants) Act 1975 is amended as follows. In section 1 (application for financial provision from deceased's estate), in subsection (2)(a)— In 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)— In section 14 (provision as to cases where no financial relief was granted in divorce proceedings etc)— In section 15 (restriction imposed in divorce proceedings etc)— In section 19 (effect, duration and form of orders), in subsection (2)(b)— In section 25 (interpretation)—

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 ”.

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

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 ”.

The Matrimonial and Family Proceedings Act 1984 is amended as follows. In section 17 (orders for financial provision and property adjustment), in subsection (1)(a), for the words from “decree of divorce” to “granted” substitute “ divorce order, nullity of marriage order or judicial separation order in respect of the marriage had been made ”. 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 “granted” substitute “ divorce order, nullity of marriage order or judicial separation order had been made ”.

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

In 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 substitutesubject of—

The Family Law Act 1986 is amended as follows. In section 2A (jurisdiction in or in connection with matrimonial proceedings or civil partnership proceedings), in subsection (2)(a), after “grant of a decree of judicial separation” insert “ or the making of a judicial separation order ”. 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 ”. In section 42 (general interpretation of Part 1), in subsection (2), for the words from “eighteen” to the end substituteeighteen— In section 54 (interpretation of Part 2), in the definition of “annulment”, after “any” insert “ nullity of marriage order or ”. 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 ”.

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

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

Schedule 7 to the Family Law Act 1996 (transfer of certain tenancies on divorce etc or on separation of cohabitants) is amended as follows. In paragraph 2(2), for paragraph (a) substitute—. In paragraph 12(a)— In paragraph 13(1), for “grant of a decree” substitute “ making of an order ” and for “grant of that decree,” substitute “ making of that order, ”. After paragraph 13 insert—

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

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

Section 55D of the Income Tax Act 2007 (procedure for elections under section 55C) is amended as follows. In subsection (8)— At the end insert—

In Schedule 1 to the Land and Buildings Transaction Tax (Scotland) Act 2013 (asp 11) (exempt transactions), in paragraph 4—

In Schedule 3 to the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) (transactions exempt from charge), paragraph 3 is amended as follows. In paragraph (a)— In paragraph (b)—

In the Wills and Administration Proceedings (Northern Ireland) Order 1994 (S.I. 1994/1899 (N.I. 13)), in Article 13 (effect of dissolution or annulment of marriage), in paragraph (5)(a)—