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The Lord Chancellor moved Amendments Nos. 118A to 118C:


Page 41, line 19, after ("make") insert (", in favour of the same party,").
Page 41, line 20, leave out ("in favour of the same party") and insert ("in relation to any marital proceedings, whether in the course of the proceedings or by reference to a divorce order or separation order made in the proceedings.").
Page 41, line 24, after ("order,") insert ("an interim order for the payment of a lump sum").

The noble and learned Lord said: My Lords, I have already spoken to these amendments. I beg to move.

On Question, amendments agreed to.

[Amendment No. 118D not moved.]

The Lord Chancellor moved Amendments Nos. 118E to 118L:


Page 41, leave out lines 26 to 35.
Page 41, line 42, leave out ("subsections (5) to") and insert ("subsection").
Page 41, line 49, after ("section") insert ("("the main order")").
Page 42, line 3, leave out ("order that") and insert (", on or at any time after making the main order, make an order ("the order for interest") for").
Page 42, line 4, leave out ("are").
Page 42, line 5, after ("order") insert ("for interest)").
Page 42, line 6, after second ("the") insert ("main").

On Question, amendments agreed to.

[Amendments Nos. 119 and 120 not moved.]

The Lord Chancellor moved Amendments Nos. 120A to 122A:


Page 42, line 11, at beginning insert--
("( ) No financial provision order, other than an interim order, may be made under section 22A above so as to take effect before the making of a divorce order or separation order in relation to the marriage, unless the court is satisfied that that would be just and reasonable in all the circumstances of the case.").
Page 42, line 13, leave out from ("time") to ("the") in line 14 and insert ("while").
Page 42, line 15, at end insert ("is interrupted under subsection (6) of that section.").
Page 42, line 35, after ("may") insert (", on an application made under this section,").

4 Mar 1996 : Column 137

On Question, amendments agreed to.

[Amendments Nos. 122B and 122C not moved.]

The Lord Chancellor moved Amendments Nos. 123 to 125F:


Page 43, line 37, leave out from ("by") to ("above") in line 38 and insert ("subsection (3)").
Page 43, line 41, leave out ("paragraph may") and insert ("subsection").
Page 43, leave out lines 44 to 46 and insert ("shall").
Page 44, line 5, after ("section") insert ("("the main order")").
Page 44, line 12, leave out ("order that") and insert (", on or at any time after making the main order, make an order ("the order for interest") for").
Page 44, line 12, leave out ("is").
Page 44, line 12, leave out ("are").
Page 44, line 13, after ("order") insert ("for interest").
Page 44, line 14, after second ("the") insert ("main").

On Question, amendments agreed to.

[Amendment No. 126 not moved.]

The Lord Chancellor moved Amendments Nos. 126A to 128:


Page 44, line 23, after ("makes") insert (", in favour of the same party to the marriage,").
Page 44, line 23, leave out ("in favour of the same party to the marriage") and insert ("in relation to any marital proceedings, whether in the course of the proceedings or by reference to a divorce order or separation order made in the proceedings,").
Page 44, line 24, leave out ("of those orders") and insert ("order").
Page 44, leave out lines 34 to 42 and insert--
("(1) No property adjustment order may be made under section 23A above so as to take effect before the making of a divorce order or separation order in relation to the marriage unless the court is satisfied that that would be just and reasonable in all the circumstances of the case.").
Page 44, line 44, leave out from ("time") to ("the") in line 45 and insert ("while").
Page 44, line 46, at end insert ("is interrupted under subsection (6) of that section.").

On Question, amendments agreed to.

[Amendment No. 129 not moved.]

The Lord Chancellor moved Amendment No. 129A:


Page 45, line 17, after ("may") insert (", on an application made under this section,").

The noble and learned Lord said: My Lords, I think that I am right in saying that I have spoken to this amendment in connection with the others. I beg to move.

On Question, amendment agreed to.

Baroness Young had given notice of her intention to move Amendment No. 129AA:


Page 45, line 33, at end insert--
(". For section 25, substitute--
"Division of matrimonial property.
(1) The principles which the court shall apply in deciding what, if any, order to make under any of sections 22A to 24 above, are that--
(a) the net value of matrimonial property should be shared fairly between the parties to the marriage;

4 Mar 1996 : Column 138

(b) fair account should be taken of any economic advantage derived by either party from contributions by the other, and of any economic disadvantage suffered by either party in the interests of the other party or of the family;
(c) any economic burden of caring, after the marriage breakdown, for a child of the marriage under the age of 16 years should be shared fairly between the parties;
(d) a party who has been dependent to a substantial degree on the financial support of the other party should be awarded such financial provision as is reasonable to enable him to adjust over a period of time to the loss of that support after the marriage is dissolved or annulled;
(e) a party who seems likely to suffer serious financial hardship as a result of the marriage breakdown should be awarded such financial provision as is reasonable to relieve him of hardship over a reasonable period.
(2) In subsection (1)(b) above--
"economic advantage" means advantage gained whether before or during the marriage and includes gains in capital, in income and in earning capacity, and 'economic disadvantage' shall be construed accordingly;
"contributions" means contributions made whether before or during the marriage and includes indirect and non-financial contributions and in particular any such contribution made by looking after the family home or caring for the family.
(3) In applying the principles set out in subsection (1)(a) above, the net value of the matrimonial property shall be taken to be shared fairly between the parties to the marriage when it is shared equally or in such other proportions as are justified by special circumstances.
(4) The net value of the matrimonial property shall be the value of the property at the time the court deals with the matter in exercise of its powers under this Part save that any appreciation or depreciation in value since the parties' separation which is primarily attributable to the acts of the party may be disregarded.
(5) Subject to subsection (6) below, in this Part 'matrimonial property' means all the property belonging to the parties or either of them which was acquired by them (otherwise than by way of gift or inheritance from a third party)--
(a) during the marriage: or
(b) before the marriage for use by them as a family home or as furniture and effects for such home.
(6) The proportion of any rights or interests of either party under a life policy or pension scheme or similar arrangement referable to the period beginning with the marriage and ending with the date of the parties' final separation shall be taken to form part of the matrimonial property subject to any discounts which the court thinks fit to apply (for example, in the case of an unfunded pension scheme, for the chance of receiving less than the quoted benefits).
(7) In subsection (3) above "special circumstances", without prejudice to the generality of the words, may include--
(a) the terms of any agreement between the parties on the ownership or division of any of the matrimonial property or maintenance;
(b) the source of funds or assets used to acquire any of the matrimonial property where those funds or assets were not derived from the income or efforts of the parties during the marriage;
(c) any destruction, dissipation or alienation of property by either party;
(d) the nature of the matrimonial property, the use made of it (including use for business purposes or as matrimonial home) and the extent to which it is reasonable to expect it to be realised or divided or used as security;
(e) the actual or prospective liability for any expenses of valuation or transfer of property in connection with the proceedings.".").

4 Mar 1996 : Column 139

The noble Baroness said: My Lords, this amendment introduces a completely different issue from those with which my noble and learned friend and my noble friend Lord Coleraine have been dealing and I think that it is far too late to embark on big situations, so I do not intend to move the amendment. I shall return to it on Third Reading.


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