Section 13Part 0 —
Restrictions on decree
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In any proceedings for a decree of divorce or nullity of marriage, or civil partnership, or a decree of judicial separation, the court shall consider —
whether there are any children of the marriage, or civil partnership, to whom this section applies; and
where there are any such children, whether (in the light of the arrangements which have been, or are proposed to be, made for their up bringing and welfare) it should exercise any of its powers under the Children Law, 2003 [Law 4 of 2003] with respect to any of them.
Where, in any case to which this section applies, it appears to the court that —
the circumstances of the case require it, or are likely to require it, to exercise any of its powers under the Children Law, 2003 [Law 4 of 2003] with respect to any child of the marriage, or civil partnership;
it is not in a position to exercise that power or (as the case may be) those powers without giving further consideration to the case; and
there are exceptional circumstances which make it desirable in the interests of the child that the court should give a direction under this section, it may direct that the decree of divorce or nullity is not to be made absolute, or that the decree of judicial separation is not to be granted, until the court orders otherwise.
This section applies to —
any child of the marriage, or civil partnership, who has not reached the age of sixteen years at the date when the court considers the case in accordance with the requirements of this section; and
any child of the marriage, or civil partnership, who has reached that age at that date and in relation to whom the court directs that this section should apply.
Cross References
- Section of Children Law
Children Law, 2003 [Law 4 of 2003]