Matrimonial and Family Proceedings Act 1984

[^c4594841]: S. 21(ba)(bb)(bc) inserted (1.12.2000) by 1999 c. 30, s. 84(1), Sch. 12 para. 4(b); S.I. 2000/1116, art. 2(b)

[^c4594851]: S. 21(1)(bd)(be) inserted (1.12.2000) by 1999 c. 30, s. 22(4); S.I. 2000/1116, art. 2(a)

[^c4594861]: S. 21(1)(l) inserted (1.12.2000) by 1999 c. 30, s. 84(1), Sch. 12 para. 4(c); S.I. 2000/1116, art. 2(b)

[^c4594871]: S. 21(2)-(5) inserted (1.12.2000) by 1999 c. 30, s. 22(5); S.I. 2000/1116, art. 2(a)

[^c4594901]: S. 22 substituted (1.10.1997) by 1996 c. 27, s. 66(1), Sch. 8 para. 52 (with Sch. 9 paras. 8-10); S.I. 1997/1892, art. 3(1)(b)

[^c4594931]: 1975 c. 63.

[^c4594951]: S. 26 repealed (5.4.1993) by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 2(2), Sch. 3; S.I. 1993/618, art. 2

[^c4594981]: S. 29A inserted by Family Law (Scotland) Act 1985 (c. 37, SIF 49:3), ss. 28(1), 29(4), Sch. 1 para. 12

[^c4595061]: 1981 c. 59.

[^c4595071]: Words substituted by Family Law (Scotland) Act 1985 (c. 37, SIF 49:3), ss. 28(1), 29(4), Sch. 1 para. 13

[^c4595081]: 1972 c. 18.

[^c4595101]: Words substituted by Family Law Act 1986 (c. 55, SIF 49:3), ss. 68(1), 69(5), Sch. 1 para. 27

[^c4595231]: S. 38 restricted by S.I. 1965/1776, Order 90, rule 2B (as inserted by S.I. 1986/632, rule 27)

[^c4595241]: S. 38 excluded (14.10.1991) by S.I. 1991/1677, art.5.

[^c4595251]: S. 38: power to exclude conferred (28.7.1997) by 1996 c. 27, s. 57(7); S.I. 1997/1892, art. 2

[^c4595261]: S. 38 excluded (1.10.1997) by S.I. 1997/1896, art. 6

[^c4595271]: Words in s. 38(2)(b) inserted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 51 (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

[^c4595281]: 1984 c. 28.

[^c4595301]: S. 39 excluded by S.I. 1991/1677, art. 5

[^c4595311]: S. 39: power to exclude conferred (28.7.1997) by 1996 c. 27, s. 57(7); S.I. 1997/1892, art. 2

[^c4595321]: S. 39 excluded (1.10.1997) by S.I. 1997/1896, art. 6

[^c4595701]: 1882 c. 75.

[^c4595801]: S. 45 repealed (4.11.1996) by S.I. 1995/755, art. 185(2), Sch. 10 (with Sch. 8 para. 23(4)); S.R. 1996/297, art. 2(2)

[^c4595811]: S. 46(3) in force at 14.10.1991 in so far as not already in force, see s. 47(1)(e); S.I. 1991/1211, art. 2(b)

[^c4595871]: S. 47(1)(a) power fully exercised: 1.10.1986 appointed for s. 10 by S.I. 1986/1049, art. 2

[^c4595881]: S. 47(1)(b) power fully exercised: 16.9.1985 appointed by S.I. 1985/1316

[^c4595891]: S. 47(1)(c) power partly exercised: specified days appointed by S.I. 1984/1589; S.I. 1985/1316; S.I. 1986/635; and S.I. 1986/1049

[^c4595901]: S. 47(1)(d) power fully exercised: 1.9.1986 appointed by S.I. 1986/1226

[^c4595911]: S. 47(1)(e) power partly exercised: specified days appointed by S.I. 1984/1589; and S.I. 1986/635 S. 47(1)(e) power partly exercised: 14.10.1991 appointed for specified provisions by S.I.1991/1211

[^c4595921]: Words in s. 48(2) repealed (4.11.1996) by S.I. 1995/755, art. 185(2), Sch. 10 (with Sch. 8 para. 23(4)); S.R. 1996/297, art. 2(2)

[^c4595931]: Sch. 1 para. 9 repealed (5.4.1993) by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 2(2), Sch. 3; S.I. 1993/618, art. 2

[^c4595951]: Sch. 1 para. 14 repealed by Family Law Act 1986 (c. 55, SIF 49:3), ss. 68(2), 69(5)(6)(7), Sch. 2

[^c4595971]: Sch. 1 para. 18 repealed by Legal Aid Act 1988 (c. 34, SIF 77:1), s. 45, Sch. 6

[^c4596001]: Sch. 1 para. 19 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c4596021]: Sch. 1 para. 23 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c4596081]: Sch. 1 paras. 29, 31 repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20; S.I. 1991/1883, art. 3, Sch.

[^c7976561]: Sch. 1 paras. 29, 31 repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20; S.I. 1991/1883, art. 3, Sch.

[^c4596111]: 1973 c. 18.

[^c4596121]: Sch. 3 in force at 14.10.1991 in so far as not already in force, see s. 47(1)(e); S.I. 1991/1211, art. 2(b)

[^key-30599fc6d4f02caeeb2e6a20554d9162]: S. 41 repealed (4.1.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 278(b), Sch. 10; S.I. 2004/3123, art. 2(b)(iv)(c)(iv) (with art. 3)

[^key-d9735a7c8e1e88fe15675111e0613d68]: Sch. 1 para. 13(b) repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 10; S.I. 2005/910, art. 3(aa)

[^key-e7a57e5637802e85c87b75cd1e2c5990]: Words in s. 12(2) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 90(2); S.I. 2005/3175, art. 2(2)

[^key-e1f75429d5c4cb4801407b820241a9a6]: S. 12(3) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 90(3); S.I. 2005/3175, art. 2(2)

[^key-dd3b2215fc57f958822499541e9c1107]: Sch. 1 para. 20 repealed (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 5 (with Sch. 4 paras. 2, 6-8); S.I. 2005/2897, art. 2(b)

[^key-6c605b3073650a2d28309869b618b690]: Words in s. 18(3A)(a) inserted (1.1.2006) by Pensions Act 2004 (c. 35), s. 322(1), Sch. 12 para. 4(2)(a)(i); S.I. 2005/3331, art. 2(3), Sch. Pt. 3

[^key-aa4293e4dc554034fb6ebd8be1e5b592]: Word in s. 18(3A)(b) inserted (1.1.2006) by Pensions Act 2004 (c. 35), s. 322(1), Sch. 12 para. 4(2)(a)(ii); S.I. 2005/3331, art. 2(3), Sch. Pt. 3

[^key-e58a5ece409cffc19d4ebca7e1b82ba2]: S. 18(3A)(b)(ii) and word inserted (1.1.2006) by Pensions Act 2004 (c. 35), s. 322(1), Sch. 12 para. 4(2)(a)(iii); S.I. 2005/3331, art. 2(3), Sch. Pt. 3

[^key-e78787f6d73cbe5495e1977dd3834d43]: S. 18(7)(c) and word inserted (1.1.2006) by Pensions Act 2004 (c. 35), s. 322(1), Sch. 12 para. 4(2)(b); S.I. 2005/3331, art. 2(3), Sch. Pt. 3

[^key-e1bd61964c19c0f37d16419d950d8e36]: S. 21(1)(bf) inserted (1.1.2006) by Pensions Act 2004 (c. 35), s. 322(1), Sch. 12 para. 4(3); S.I. 2005/3331, art. 2(3), Sch. Pt. 3

[^key-14832c6f44c3ad97d0fbed2f0920031b]: Ss. 40A, 40B inserted (temp. from 3.4.2006 until the repeal of s. 40 comes into force on 6.4.2011) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 381 (with Sch. 4 para. 361); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)

[^key-ffa8c217eb4d3a2bb6f08bb6452d9163]: Words in Act substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

[^key-6f9a99a5521d43b49aee29d40b2341db]: Words in s. 21(4) added (6.3.2011 for specified purposes, 6.4.2011 in so far as not already in force) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 13(6); S.I. 2011/664, art. 2(2)(3), Sch. Pts. 1, 2

[^key-b6289b3ed940a5ca13469e143c80cb82]: S. 17(1)(c) added (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 11; S.I. 2011/664, art. 2(3), Sch. Pt. 2

[^key-5c54915551252da10e83237983494db8]: S. 18(7)(c) substituted (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 12; S.I. 2011/664, art. 2(3), Sch. Pt. 2

[^key-924c50ebab8407e84fedee0b275de3aa]: S. 21(1)(bca)-(bcc) inserted (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 13(2); S.I. 2011/664, art. 2(3), Sch. Pt. 2

[^key-134a03c0406b7c892929a2842a9b017e]: S. 21(1)(bg) inserted (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 13(3); S.I. 2011/664, art. 2(3), Sch. Pt. 2

[^key-19d9a2082f0482f743773a8abc59299d]: S. 21(1)(m) added (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 13(4); S.I. 2011/664, art. 2(3), Sch. Pt. 2

[^key-c86bb7e56486b9ab99b3b7b3dd42fa29]: Words in s. 21(2) substituted (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 13(5); S.I. 2011/664, art. 2(3), Sch. Pt. 2

[^key-31ea64a961031d75c369012f5a85f198]: S. 40 repealed (6.4.2011) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 278(a), Sch. 10; S.I. 2010/2921, art. 3(b)

[^key-0e2e7ebae51b5b61e6c4a03e00671bcb]: S. 15(1A) inserted (18.6.2011) by The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), reg. 1(1), Sch. 7 para. 10(2)(b)

[^key-4eece79483d61505f445fbcdb5b3d469]: S. 15(3) inserted (18.6.2011) by The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), reg. 1(1), Sch. 7 para. 10(2)(d)

[^key-3d9ebb5b0e231209efcde82dca5cebb3]: S. 28(3A) inserted (18.6.2011) by The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), reg. 1(1), Sch. 7 para. 10(4)(b)

[^key-f0fc05867cc975af184c7c4b3f194060]: S. 31A and Pt. 4A heading inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), ss. 17(3), 61(3); S.I. 2014/954, art. 2(a) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[^key-e972bee4f85c0787f24682dab6b4158f]: Words in s. 38 heading omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 92(6); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[^key-b51c707e2ec2a5160c2598340ff4deb2]: Words in s. 39 heading omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 93(4); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[^key-4071a9d3584c3572190b0bb77e5ce803]: Ss. 31B-31P inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 1; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[^key-62b0b052a8a9e91a5feb25596fca0fba]: Ss. 33-36D repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 90; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[^key-d14f3020409f972e3778713494f111b4]: Words in s. 27 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 88; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[^key-97235a056d75486fcbf57ac40c4c4c9f]: Words in s. 32 omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 89; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[^key-a86279c5528cd9af85456eedd177e1ae]: Words in s. 37 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 91; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[^key-d3d4fc77b6fdc73f3c8e348043b4a097]: Words in s. 38(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 92(2); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[^key-024098a00f1160535f2fedcf3c06742e]: Words in s. 38(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 92(3)(a); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[^key-4d139a51be9007c4e6297d27b3128300]: Words in s. 38(2)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 92(3)(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[^key-fe198018a31717d6d06d70ce22ea9ec8]: Words in s. 38(2)(c) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 92(3)(c); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[^key-118a8dc47246c63ed7927621d9586140]: S. 38(3)-(3B) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 92(4); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[^key-ebdfc5999d3c84904a17ca2810026538]: Words in s. 38(5) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 92(5); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[^key-fd88afa2e69c3053f68293de7ca00125]: Words in s. 39(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 93(2); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[^key-2f0abae4ca2cbb34107d81744233bd96]: S. 39(2)(a)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 93(3); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[^key-4a80748d10b0237c15e563e08a005c58]: S. 42 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 94; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[^key-d5e2dfe1172eed6694f6e7953485a681]: S. 44 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 99 Table; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[^M_F_559759bb-9e14-4a8a-ec32-ca870b02ce00]: Sch. 1 para. 4 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 99 Table; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[^M_F_00f6918f-f2a1-4d6e-b3d3-073136fbaf9a]: Sch. 1 para. 16 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 210 Table; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[^key-958ca718fbf259f11e4fb91f69c4237f]: Sch. 1 para. 26 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 210 Table; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[^key-96119dc41bf59e4c1c36e62e4f2cabd4]: S. 31E(1)(b) excluded by Debtors Act 1869 (c. 62), s. 5 (as amended (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 2(2)(c); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11))

[^key-20cf688acacb9d3aa1876553784c3dc9]: S. 31E(1)(b) excluded by Contempt of Court Act 1981 (c. 49), s. 14(4B)(b) (as inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 53; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11))

[^key-b7045711530d145c7adbe33caba3dcd3]: Words in s. 22(2) substituted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 18(7)(a), 139(4) (with s. 18(6))

[^M_F_80ab0242-7040-4efb-ae3a-7dc51e674104]: Sch. 1 para. 28 repealed (S.) (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), Sch. 5 para 27; S.S.I. 2014/127, art. 2

[^key-e870f660d54908b824fd09b4da445b95]: Words in s. 31L(8)(a)(i) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 42

[^M_F_62bff155-dbfd-4979-d4d0-6a10320e654c]: S. 38(2)(d) and word inserted by virtue of Matrimonial Proceedings (Transfers) Act 1988 (c. 18, SIF 49:3), s. 1(1) (as amended (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 101; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11))

[^key-ad25fcc125f0173e77e905dfe500549a]: S. 31O substituted (10.1.2020 for specified purposes, 6.4.2020 in so far as not already in force) by Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 14; S.I. 2020/24, regs. 2(b)(i), 3(b)

[^key-c843cca4cfc01a34b76a6c9a5c72df9e]: S. 31P(2) omitted (10.1.2020 for specified purposes, 6.4.2020 in so far as not already in force) by virtue of Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 15; S.I. 2020/24, regs. 2(b)(i), 3(b)

[^key-f2af3adc1a9adb58b1eceb1730329c8f]: Words in s. 31C(2) substituted (6.4.2020) by Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 13; S.I. 2020/24, reg. 3(b)

[^key-5cb3d15dbc5c1f6a34acd4672f916b57]: S. 15(2) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 63(a) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-33d97a4de8d364a59d22c4386015f6ae]: Words in s. 16(1) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 13(3)(a) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-42110dded58a57a870c59c2b8283980f]: S. 16(3) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 13(3)(b) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-8e170a80455b6fc7922fecc33ae1ef7b]: S. 16(4) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 13(3)(c) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-3d3db5c2f546f717ea3c0914258c7fb8]: Words in s. 15(1) substituted (31.12.2020) by S.I. 2019/519, Sch. para. 13(2)(a) (as substituted by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 5(3)(e)(i))

[^key-fd968df1afc014fad8e0e80bcd65f2ac]: Words in s. 15(1A) substituted (31.12.2020) by S.I. 2019/519, Sch. para. 13(2)(b) (as substituted by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 5(3)(e)(i))

[^key-686ce06f2d0f011ff20e4110b77e6bf9]: Words in s. 15(3) substituted (31.12.2020) by S.I. 2019/519, Sch. para. 13(2)(c) (as substituted by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 5(3)(e)(i))

[^key-d5ccbc43a684f88f24105704e37b4272]: S. 28(4) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 63(b) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-093b0b54d78ec664706c205ff09f2e2b]: Words in s. 28(1) substituted (31.12.2020) by S.I. 2019/519, Sch. para. 13(4)(a) (as substituted by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 5(3)(e)(ii))

[^key-c21829deedc612de15c77382d477f406]: Words in s. 28(3A) substituted (31.12.2020) by S.I. 2019/519, Sch. para. 13(4)(b) (as substituted by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 5(3)(e)(ii))

[^key-dcd24e70529fcf43fcd591460936096c]: Words in s. 28(5) substituted (31.12.2020) by S.I. 2019/519, Sch. para. 13(4)(c) (as substituted by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 5(3)(e)(ii))

[^key-3669c1596703f9ff7c4630a6616f1c55]: Words in s. 31L(8)(c) substituted (31.12.2020) by The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 63(c)(i) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-758f2aad95e9467d542b281286dd9253]: Words in s. 31L(8)(c) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 63(c)(ii) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-9274ac46e49b8dae18f330579c9db78f]: Words in s. 31C(1) omitted (10.3.2022 for specified purposes, 1.10.2022 in so far as not already in force) by virtue of Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(c), Sch. 4 para. 7; S.I. 2022/1014, reg. 2(d) (with reg. 3)

[^M_I_fc75ca0e-399a-4bf6-dc0f-16bf9618f3f9]: Sch. 2 para. 3 not in for at Royal Assent, see s. 47(1)(e)

Jurisdiction of county courts in civil partnership causes and matters

36A

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36B

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36C

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36D

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County court proceedings in principal registry of Family Division.

Disposal of application in Scotland.

Fees in family proceedings.

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40A

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40B

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Amendments, transitional provisions and repeals.

Amendments, transitional provisions and repeals.

Restriction of powers of court where jurisdiction depends on matrimonial home in England or Wales.

Extension of period for proceedings for decree of nullity in respect of voidable marriage.

Restriction of powers of court where jurisdiction depends on matrimonial home in England or Wales.

Part 4A — The Family Court

31A

• (1) There is to be a court in England and Wales, called the family court, for the purpose of exercising the jurisdiction and powers conferred on it—

• (a) by or under this or any other Act, or

• (b) by or under any Act, or Measure, of the National Assembly for Wales.

• (2) The family court is to be a court of record and have a seal.

31B

• (1) Sittings of the family court may be held, and any other business of the family court may be conducted, at any place in England and Wales.

• (2) Sittings of the family court at any place may be continuous or intermittent or occasional.

• (3) Sittings of the family court may be held simultaneously to take any number of different cases in the same place or different places, and the court may adjourn cases from place to place at any time.

• (4) The places at which the family court sits, and the days and times at which it sits in any place, are to be determined in accordance with directions given by the Lord Chancellor after consulting the Lord Chief Justice.

• (5) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise functions of the Lord Chief Justice under this section.

31C

• (1) A person is a judge of the family court if the person—

• (a) is the Lord Chief Justice,

• (b) is the Master of the Rolls,

• (c) is the President of the Queen's Bench Division,

• (d) is the President of the Family Division,

• (e) is the Chancellor of the High Court,

• (f) is an ordinary judge of the Court of Appeal (including the vice-president, if any, of either division of that court),

• (g) is the Senior President of Tribunals,

• (h) is a puisne judge of the High Court,

• (i) is a deputy judge of the High Court,

• (j) is a Circuit judge,

• (k) is the Judge Advocate General,

• (l) is a Recorder,

• (m) holds an office listed—

• (i) in the first column of the table in section 89(3C) of the Senior Courts Act 1981 (senior High Court Masters etc), or

• (ii) in column 1 of Part 2 of Schedule 2 to that Act (High Court Masters etc),

• (n) is a district judge (which, by virtue of section 8(1C) of the County Courts Act 1984, here includes a deputy district judge appointed under section 8 of that Act),

• (o) is a deputy district judge appointed under section 102 of the Senior Courts Act 1981,

• (p) is a Chamber President, or a Deputy Chamber President, of a chamber of the Upper Tribunal or of a chamber of the First-tier Tribunal,

• (q) is a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007,

• (r) is a transferred-in judge of the Upper Tribunal (see section 31(2) of that Act),

• (s) is a deputy judge of the Upper Tribunal (whether under paragraph 7 of Schedule 3 to, or section 31(2) of, that Act),

• (t) is a judge of the First-tier Tribunal by virtue of appointment under paragraph 1(1) of Schedule 2 to that Act,

• (u) is a transferred-in judge of the First-tier Tribunal (see section 31(2) of that Act),

• (v) is a member of a panel of Employment Judges established for England and Wales or for Scotland,

• (w) is a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General),

• (x) is a District Judge (Magistrates' Courts), or

• (y) is a justice of the peace who is not a District Judge (Magistrates' Courts),

but see also section 9 of the Senior Courts Act 1981 (certain ex-judges may act as judges of the family court).

• (2) A decision of the family court, if made by or by persons who include—

• (a) a judge within subsection (1)(a) to (i),

• (b) a person who has been a judge of the Court of Appeal, or

• (c) a person who has been a puisne judge of the High Court,

is (so far as relevant) to be followed by a judge within subsection (1)(j) to (y), and by a person authorised under section 67B(2) of the Courts Act 2003, when carrying out functions of the family court unless doing so with a person within paragraphs (a) to (c) of this subsection.

• (3) A fee-paid, or unsalaried, part-time judge of the family court may not act as a judge of the court in relation to any proceedings in the court in which the judge, or a partner or employer of the judge, or a body of which the judge is a member or officer, or a body of whose governing body the judge is a member, is directly or indirectly engaged as legal representative or agent for any party.

• (4) In this section “legal representative” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act).

31D

• (1) Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 (process for making designated rules) about—

• (a) the composition of the family court, and

• (b) the distribution of business of the family court among judges of the court.

• (2) Rules about the composition of the family court may in particular—

• (a) provide for the court to be constituted differently for the purpose of deciding different matters;

• (b) make provision about who is to preside where the court is composed of more than one judge.

• (3) Rules about the distribution of business of the family court may in particular—

• (a) prohibit specified judges from conducting specified business;

• (b) prohibit judges from conducting specified business unless authorised to do so by a specified judicial office holder;

• (c) prohibit specified judges from conducting business, or specified business, unless authorised to do so by a specified judicial office holder;

• (d) prohibit specified judges from exercising specified powers of the court.

• (4) In subsection (3)—

• “judge” does not include a judge within section 31C(1)(a) to (i);

• “specified” means specified in, or of a description specified in, rules under this section.

• (5) Rules under this section—

• (a) may confer powers on the Lord Chief Justice or on a judicial office holder;

• (b) may be made only after consultation with the Family Procedure Rule Committee.

• (6) Family Procedure Rules are subject to rules under this section.

• (7) The Lord Chief Justice's power under paragraph 2(2)(b) of Schedule 1 to the Constitutional Reform Act 2005 to nominate a judicial office holder to make rules under this section includes power to nominate different judicial office holders to make rules under this section for different purposes.

• (8) Paragraph 5 of that Schedule (duty to make rules to achieve purpose specified by Lord Chancellor) does not apply in relation to rules under this section.

• (9) In this section “judicial office holder” has the meaning given by section 109(4) of that Act.

• (10) No proceedings in the family court are to be with a jury.

31E

• (1) In any proceedings in the family court, the court may make any order—

• (a) which could be made by the High Court if the proceedings were in the High Court, or

• (b) which could be made by the county court if the proceedings were in the county court.

• (2) In its application to a power of the High Court to issue a writ directed to an enforcement officer, subsection (1)(a) gives the family court power to issue a warrant, directed to an officer of the family court, containing provision corresponding to any that might be contained in the writ.

• (3) Subsection (1) is subject to section 38(3) of the County Courts Act 1984.

• (4) Subsection (1) is without prejudice to, and not limited by, any other powers of the family court.

• (5) The Lord Chancellor may by regulations make provision, about or in connection with the effect or execution of warrants issued by the family court for enforcing any order or judgment enforceable by the court, that corresponds to any provision applying in relation to the effect or execution of writs issued by the High Court, or warrants issued by the county court, for the purpose of enforcing any order or judgment enforceable by that court.

31F

• (1) The family court may adjourn a hearing, and may do so at any time including a time before the hearing has begun.

• (2) Any order made by the family court—

• (a) may be absolute or conditional;

• (b) may be final or interim;

• (c) may, subject to rules of court, be made without taking evidence.

• (3) Every judgment and order of the family court is, except as provided by this or any other Act or by rules of court, final and conclusive between the parties.

• (4) Where the family court has power to require the doing of anything other than the payment of money, or to prohibit the doing of anything, an order of the court made in exercising the power may contain provision—

• (a) as to the manner in which anything is to be done,

• (b) as to the time within which anything is to be done,

• (c) as to the time during which anything is not to be done, and

• (d) generally for giving effect to the order.

• (5) Where the family court has power to require the payment of money, an order of the court made in exercising the power may allow time for payment or order payment by instalments; and where the court has ordered payment by instalments and default is made in the payment of any one instalment, proceedings may be taken as if the default had been made in the payment of all the instalments then unpaid.

• (6) The family court has power to vary, suspend, rescind or revive any order made by it, including—

• (a) power to rescind an order and re-list the application on which it was made,

• (b) power to replace an order which for any reason appears to be invalid by another which the court has power to make, and

• (c) power to vary an order with effect from when it was originally made.

• (7) Subject to rules of court, the family court may proceed in the absence of one, some or all of the parties.

• (8) The family court has the same power to enforce an undertaking given by a solicitor in relation to any proceedings in that court as the High Court has to enforce an undertaking given by a solicitor in relation to any proceedings in the High Court.

• (9) In any case not expressly provided for by or in pursuance of this or any other Act, the general principles of practice in the High Court may be adopted and applied to proceedings in the family court.

31G

• (1) Subsection (2) applies where the family court is satisfied that a person in England and Wales is likely to be able to give material evidence, or produce any document or thing likely to be material evidence, in proceedings in the court.

• (2) The court may, if it is satisfied that it is in the interests of justice to do so, issue a summons—

• (a) requiring the person to attend before the court, at the time and place specified in the summons, to give evidence,

• (b) requiring the person to attend before the court, at the time and place specified in the summons, to produce the document or thing, or

• (c) requiring the person to produce the document or thing to the court.

• (3) Subsection (4) applies where without just excuse—

• (a) a person fails to attend before the court in answer to a summons under subsection (2)(a) or (b),

• (b) a person fails to produce a document or thing in answer to a summons under subsection (2)(b) or (c), or

• (c) a person attending before the court, whether or not in answer to a summons under subsection (2), refuses to be sworn or give evidence.

• (4) The court may—

• (a) commit the person to custody until the expiry of a period not exceeding one month specified by the court or until the person sooner gives evidence or produces the document or thing, or

• (b) impose on the person a fine not exceeding £2,500, or

• (c) both.

• (5) A fine imposed under subsection (4) is deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction of a magistrates' court.

• (6) Where in any proceedings in the family court it appears to the court that any party to the proceedings who is not legally represented is unable to examine or cross-examine a witness effectively, the court is to—

• (a) ascertain from that party the matters about which the witness may be able to depose or on which the witness ought to be cross-examined, and

• (b) put, or cause to be put, to the witness such questions in the interests of that party as may appear to the court to be proper.

• (7) Subject to the provisions of any Act or instrument made under an Act or rule of law authorising the reception of unsworn evidence, evidence given before the family court is to be given on oath.

• (8) An affidavit to be used in the family court may be sworn before—

• (a) a judge of the court, or

• (b) an officer of the court appointed by a judge of the court for the purpose,

as well as before a commissioner for oaths or any other person authorised to take affidavits under the Commissioners for Oaths Acts 1889 and 1891.

• (9) An affidavit sworn before any such judge or officer may be sworn without the payment of any fee.

31H

• (1) The Lord Chancellor may by regulations made after consulting the Lord Chief Justice make provision limiting or removing, in circumstances specified in the regulations, any of the powers exercisable by the family court when dealing with a person for contempt of court.

• (2) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise functions of the Lord Chief Justice under this section.

31I

• (1) If the High Court, at any stage in proceedings in the family court, thinks it desirable that the proceedings, or any part of them, should be transferred to the High Court, it may order the transfer to the High Court of the proceedings or part.

• (2) The power given by subsection (1) is without prejudice to section 29 of the Senior Courts Act 1981, and is to be exercised—

• (a) in accordance with any directions given as to the distribution or transfer of proceedings, and

• (b) subject to any provision made under section 1 of the Courts and Legal Services Act 1990 or made by or under any other enactment.

31J

The powers of the family court include its powers under—

• (a) section 33 of the Senior Courts Act 1981 (powers exercisable before commencement of action);