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General. This is the section which fundamentally changes the existing law of divorce and judicial separation. It should be noted that the integrated approach to divorce and separation, foreshadowed in the Law Commission’s Report Law Comm 192, is evident in the wording ‘If an application for a divorce or separation order is made ... ’. The new law on the ground for divorce. Section 3(1) sets out the basic position. Either a divorce or a separation order will be made when the parties have followed the new procedure for obtaining one of the orders envisaged in s 2(1).

2) A party making a statement must (except in prescribed circumstances) have attended an information meeting not less than three months before making the statement. (3) Different information meetings must be arranged with respect to different marriages. (4) In the case of a statement made by both parties, the parties may attend separate meetings or the same meeting. (5) Where one party has made a statement, the other party must (except in prescribed circumstances) attend an information meeting before— FAMILY LAW ACT 1996 33 (a) making any application to the court— (i) with respect to a child of the family; or (ii) of a prescribed description relating to property or financial matters; or (b) contesting any such application.

The solution propounded by Wilson J in the case of Re M (Contact: Welfare Test) [1995] 1 FLR 274, CA, was that the way to ascertain what was for a child’s welfare was to go through the s 1(3) checklist in the Children Act, not an uncomplex matter. Most child law specialists who devote their professional lives to the interpretation and application of the Children Act would be affronted by the suggestion that parents could overnight automatically manage to handle these complex matters of law without independent advice, especially in view of the prevalence of children already seeking separate representation in s 8 order proceedings and the difficulties that that gives rise to: see eg Re C (Residence:Child’s Application for Leave) [1995] 1 FLR 927.

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