LegalizeReform history
Family Law Act 1996
27 versions
· 1996-07-04
2026-03-25
Family Law Act 1996
2025-11-21
Family Law Act 1996
2025-04-28
Family Law Act 1996
2025-03-11
Family Law Act 1996
2025-03-05
Family Law Act 1996
2024-11-27
Family Law Act 1996
2023-02-07
Family Law Act 1996
2022-12-01
Family Law Act 1996
2022-04-06
Family Law Act 1996
2019-12-02
Family Law Act 1996
2019-01-03
Family Law Act 1996
2014-05-13
Family Law Act 1996
2011-07-15
Family Law Act 1996
2010-04-06
Family Law Act 1996
2010-01-01
Family Law Act 1996
2009-10-01
Family Law Act 1996
2009-04-06
Family Law Act 1996
Changes on 2009-04-06
@@ -1317,7 +1317,7 @@
##### 61
- (1) An appeal shall lie to the High Court against—
- (1) An appeal shall lie to a county court against—
- (a) the making by a magistrates’ court of any order under this Part, or
@@ -1325,17 +1325,17 @@
but no appeal shall lie against any exercise by a magistrates’ court of the power conferred by section 59(2).
- (2) On an appeal under this section, the High Court may make such orders as may be necessary to give effect to its determination of the appeal.
- (3) Where an order is made under subsection (2), the High Court may also make such incidental or consequential orders as appear to it to be just.
- (4) Any order of the High Court made on an appeal under this section (other than one directing that an application be re-heard by a magistrates’ court) shall, for the purposes—
- (2) On an appeal under this section, a county court may make such orders as may be necessary to give effect to its determination of the appeal.
- (3) Where an order is made under subsection (2), a county court may also make such incidental or consequential orders as appear to it to be just.
- (4) Any order of a county court made on an appeal under this section (other than one directing that an application be re-heard by a magistrates’ court) shall, for the purposes—
- (a) of the enforcement of the order, and
- (b) of any power to vary, revive or discharge orders,
be treated as if it were an order of the magistrates’ court from which the appeal was brought and not an order of the High Court.
be treated as if it were an order of the magistrates’ court from which the appeal was brought and not an order of a county court .
- (5) The Lord Chancellor may , after consulting the Lord Chief Justice, by order make provision as to the circumstances in which appeals may be made against decisions taken by courts on questions arising in connection with the transfer, or proposed transfer, of proceedings by virtue of any order under section 57(5).
@@ -2908,7 +2908,7 @@
## SCHEDULE 10
#### The general principles underlying Parts II and III.
#### Divorce and separation.
#### Rights concerning home where one spouse or civil partner has no estate, etc.
@@ -2934,7 +2934,7 @@
### Forced marriage protection orders
#### Occupation orders where applicant has estate or interest etc. or has home rights.
#### Further provisions relating to home rights.
##### 63A
@@ -3204,7 +3204,7 @@
> (a) the High Court; and
> (b) any county court.
#### One former spouse or former civil partner with no existing right to occupy.
#### Effect of order under s. 33 where rights are charge on dwelling-house.
##### 63N
@@ -3598,6 +3598,8 @@
[^c12122851]: [1980 c. 43](https://www.legislation.gov.uk/ukpga/1980/43).
[^c21019791]: Words in [s. 61](https://www.legislation.gov.uk/ukpga/1996/27/section/61) substituted (6.4.2009) by The Access to [Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2009 (S.I. 2009/871)](https://www.legislation.gov.uk/uksi/2009/871), [art. 8](https://www.legislation.gov.uk/uksi/2009/871/article/8) (with [art. 17](https://www.legislation.gov.uk/uksi/2009/871/article/17))
[^c21017341]: Words in [s. 61(5)](https://www.legislation.gov.uk/ukpga/1996/27/section/61/5) inserted (3.4.2006) by [Constitutional Reform Act 2005 (c. 4)](https://www.legislation.gov.uk/ukpga/2005/4), [ss. 15](https://www.legislation.gov.uk/ukpga/2005/4/section/15), [148](https://www.legislation.gov.uk/ukpga/2005/4/section/148), [Sch. 4 para. 254(2)](https://www.legislation.gov.uk/ukpga/2005/4/schedule/4/paragraph/254/2); [S.I. 2006/1014](https://www.legislation.gov.uk/uksi/2006/1014), [art. 2(a)](https://www.legislation.gov.uk/uksi/2006/1014/article/2/a), [Sch. 1 para. 11(v)](https://www.legislation.gov.uk/uksi/2006/1014/schedule/1/paragraph/11/v)
[^c21017361]: [S. 61(7)](https://www.legislation.gov.uk/ukpga/1996/27/section/61/7) inserted (3.4.2006) by [Constitutional Reform Act 2005 (c. 4)](https://www.legislation.gov.uk/ukpga/2005/4), [ss. 15](https://www.legislation.gov.uk/ukpga/2005/4/section/15), [148](https://www.legislation.gov.uk/ukpga/2005/4/section/148), [Sch. 4 para. 254(3)](https://www.legislation.gov.uk/ukpga/2005/4/schedule/4/paragraph/254/3); [S.I. 2006/1014](https://www.legislation.gov.uk/uksi/2006/1014), [art. 2(a)](https://www.legislation.gov.uk/uksi/2006/1014/article/2/a), [Sch. 1 para. 11(v)](https://www.legislation.gov.uk/uksi/2006/1014/schedule/1/paragraph/11/v)
@@ -3926,13 +3928,13 @@
#### Power to extend jurisdiction to magistrates' courts
#### Neither cohabitant or former cohabitant entitled to occupy.
#### Neither spouse or civil partner entitled to occupy.
#### One cohabitant or former cohabitant with no existing right to occupy.
#### Additional provisions that may be included in certain occupation orders.
#### Leave of court required for applications by children under sixteen.
#### Supplementary provisions.
#### Offence of breaching non-molestation order
#### Actions by mortgagees: joining connected persons as parties.
@@ -3946,7 +3948,7 @@
#### Forced marriage protection orders
#### Forced marriage protection orders
#### Contents of orders
#### Jurisdiction of courts: Part 4A
@@ -3962,14 +3964,14 @@
#### Contempt proceedings: Part 4A
#### Contempt proceedings: Part 4A
#### Amendments of Children Act 1989.
#### Actions by mortgagees: joining connected persons as parties.
#### Contempt proceedings.
#### Appeals: Part 4A
#### Transfer of certain tenancies.
#### Actions by mortgagees: service of notice on certain persons.
#### Magistrates’ courts.
#### Interpretation of Part IV.
#### Provision for separate representation for children.
#### Rules, regulations and orders.
2008-12-08
Family Law Act 1996
2008-11-25
Family Law Act 1996
2008-11-03
Family Law Act 1996
2006-04-03
Family Law Act 1996
2005-12-30
Family Law Act 1996
2005-12-05
Family Law Act 1996
2004-01-12
Family Law Act 1996
2003-10-13
Family Law Act 1996
2003-02-24
Family Law Act 1996
1996-07-04
Family Law Act 1996
original version
Text at this date