Family Law Act 1996

Section 10 addresses the issue of hardship and orders that could prevent divorce.  Section 10(2)(b) states that an order preventing divorce may be made only if the court is satisfied ‘that it would be wrong in all the circumstances (including the conduct of the parties and the interest of any child of the family), for the marriage to be dissolved.’  Section 10(3) relates to an application for the cancellation of an order preventing divorce and how the courts can still cancel the order if it would be wrong in the interests of any child.

Section 11 sets out detailed provisions in relation to the welfare of children.  This section explains what the court must consider in any proceedings for a divorce (s.11(1)), describes the circumstances where a separation order or divorce order will not be made until the court orders otherwise (s.11(2)), the welfare of the child is considered paramount (s.11(3)), the court must regard, on the evidence before it certain matters relating to the child and other principles such as conduct and risk to the child (s.11(4)) finally the section also explains to whom this applies (s.11(5)).

Section 26 makes reference to legal aid for mediation in family matters.

Section 64 makes a provision for separate representation for children.

SCHEDULES

Schedule 6: Amendments of Children Act 1989

See here: Family Law Act 1996