UKPGA-2020-11 Divorce, Dissolution and Separation Act 2020 UK

for “judicial separation”, in both places, substitute “ a judicial separation order ”;

for “divorce” substitute “ a divorce order ”.

for the heading substitute “ Annulment and presumption of death: conditional and final orders ”;

before subsection (1) insert—;

in subsection (1), in the words before paragraph (a), for “section 37(2)(b)” substitute “ subsection (A1)(b) ”;

in subsection (2), for “section 37(2)(b) substitute “ subsection (A1)(b) ”.

may include transitional or saving provision;

may amend, repeal or revoke any provision of or made under primary legislation.

an Act;

a Measure or Act of the National Assembly for Wales;

an Act of the Scottish Parliament;

Northern Ireland legislation.

section 1;

section 3.

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)—

in the heading, for “petitions for divorce” substitute “ applying for a divorce order ”;

in subsection (1), for “No petition for divorce shall be presented to the court” substitute “ An application for a divorce order may not be made ”;

omit subsection (2).

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 subsection (1), for the words from “a petitioner” to “him” substitute “ an applicant for a divorce order to certify whether the representative has discussed with the applicant the possibility of reconciliation and given the applicant ”;

in subsection (2), for “divorce” substitute “ a divorce order ”.

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

for “either before or after the presentation of a petition for divorce,” substitute “ when proceedings for a divorce order are contemplated or have begun, ”;

for the words from “proceedings” to “have begun,” substitute “ proceedings, ”.

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

in subsection (1), in the words before paragraph (a), for “a petition for divorce” substitute “ an application for a divorce order ”;

in subsection (1)(b), for “decree nisi is made absolute” substitute “ divorce order is made final ”;

in subsection (2), for “decree nisi in any proceedings for divorce,” substitute “ conditional order in any proceedings for a divorce order, ”.

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

in the heading, for “after decree nisi” substitute “ before divorce order has been made final ”;

in subsection (1), in the words before paragraph (a)—

in subsection (1)(a), for “section 1(5)” substitute “ section 1(4) ” and for “decree absolute” substitute “ order final ”;

in subsection (1)(b), for “decree” substitute “ order ”;

in subsection (2)—

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

for the heading substitute “ Proceedings before divorce order made final: special protection for respondent ”;

omit subsection (1);

for subsections (2) and (3) substitute—;

in subsection (4)—

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

in the heading, for “after decree nisi” substitute “ before divorce order has been made final ”;

in subsection (1)—

in subsection (2)—

in subsection (5), for “decree of divorce” substitute “ divorce order ”.

After section 12A insert—

in the words before paragraph (a), for the words from “not” to “nullity” substitute “ not make a nullity of marriage order ”;

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

in paragraph (b), for “grant the decree” substitute “ make the order ”.

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

for “petitioner” substitute “ applicant ”.

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

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

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

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

for “decree has been made absolute,” substitute “ order has been made final, ”;

for “notwithstanding the decree,” substitute “ notwithstanding the order, ”.

In section 18 (effects of judicial separation)—

omit subsection (1);

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

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

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

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

at the end insert—

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

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

for “presentation of the petition” substitute “ making of the application ”.

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

for “grant of the decree” substitute “ making of the order ”.

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

in subsection (1)—

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

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

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 ”;

in 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 ”;

in paragraph (b)—

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

after “in the” insert “ periodical payments or secured periodical payments ”.

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

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

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

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

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 ”.

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

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

in paragraph (d) omit “decree or”.

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

omit “adultery or other”.

After section 52 insert—

In Schedule 1 (transitional provisions and savings)—

omit paragraph 8;

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

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 ”.

The Civil Partnership Act 2004 is amended as follows.

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

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

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

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)—

in the heading omit “in separation cases”;

omit subsection (1);

for subsection (2) substitute—

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”.

for “decree of judicial separation” substitute “ judicial separation order ”;

for “the decree” substitute “ the order ”.

for “decree of judicial separation” substitute “ judicial separation order ”;

for “decree of divorce” substitute “ divorce order ”.

in subsection (1)—

in subsection (2)—

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

In subsection (2)—

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

in subsection (4)—

for “decree of judicial separation” substitute “ judicial separation order ”;

for “the decree” substitute “ the order ”.

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 nullity of marriage granted, ”;

after subsection (5A) insert—

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 ”.

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

in 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, ”;

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

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 substitute

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)—

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

after “marriage,” insert “ an order or decree ”;

after “partnership, or” insert “ an order or decree ”.

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

for “decree is made absolute” substitute “ order is made final ”.

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

in 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; ”;

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

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

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

omit “or” at the end of that paragraph;

after paragraph (a) insert—.

for paragraph (a) and the “or” after it substitute—;

in paragraph (b), at the end insert “ or ”;

after paragraph (b) insert—

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

in paragraph (a), for “a decree of divorce, nullity of marriage or” substitute “ an order or decree for the dissolution or annulment of the marriage or their ”;

in paragraph (b), for “such a” substitute “ such an order or ”.

in the English language text, for “a decree of divorce, nullity of marriage or” substitute “ an order or decree for the dissolution or annulment of the marriage or their ”;

in the Welsh language text, for “archddyfarniad ysgariad, dirymedd priodas” substitute “ gorchymyn neu archddyfarniad ar gyfer diddymiad neu ddirymiad y briodas ”.

in the English language text, for “such a” substitute “ such an order or ”;

in the Welsh language text, before “archddyfarniad o'r fath” insert “ gorchymyn neu ”.

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)—

after “divorce” insert “ or divorce order, ”;

for “granted” substitute “ or nullity of marriage order, granted or made ”.