§ MINOR CORRECTIONS OF MATRIMONIAL
PROCEEDINGS (MAGISTRATES'
COURTS) ACT 1960, S. 7(3)
§ Section 7(3) of the Matrimonial Proceedings (Magistrates' Courts) Act 1960 (which provides that where after the making by a magistrates' court of a matrimonial or interim order proceedings between, and relating to the marriage of. the parties to the proceedings in which the order was made have been begun in the High Court, the High Court may direct that the order shall cease to have effect on a date specified by that court) shall be amended as follows:—
- (a) after the words ' the High Court ', where first occurring, there shall be inserted the words ' or a county court ';
- (b) for the words ' the High Court ', where next occurring, there shall be substituted the
1985 words ' the court in which the proceedings or any application made therein are or is pending '; and - (c) for the words ' the High Court may specify' there shall be substituted the words ' may be specified in the direction.—[The Solicitor-General.]
§ Brought up, and read the First time.
§ 11.45 p.m.
§ The Solicitor-GeneralI beg to move, That the Clause be read a Second time.
The Clause remedies an oversight which occurred when the Act of 1967 transferred jurisdiction in undefended divorce to the county court. Section 7(3) of the Matrimonial Proceedings (Magistrates' Courts) Act, 1960, enables the divorce court to discharge, if it thinks fit, an existing magistrates' court's maintenance order. However, Section 7(3) operates only when the subsequent proceedings relating to the parties' marriage are commenced in the High Court.
This was right so long as divorce jurisdiction was vested exclusively in the High Court, but one of the effects of the 1967 Act was to require all divorce proceedings to be commenced in a divorce county court, and the result is that Section 7(3) no longer operates on any divorce proceedings commenced since the 1967 Act came into force. This is manifestly inconvenient and anomalous, and the new Clause disposes of the anomaly.
§ Question put and agreed to.
§ Clause read a Second time and added to the Bill.