ABSTRACT
An Act to make provision with respect to: divorce and separation; legal aid in connection with mediation in disputes relating to family matters; proceedings in cases where marriages have broken down; rights of occupation of certain domestic premises; prevention of molestation; the inclusion in certain orders under the Children Act 1989 of provisions about the occupation of a dwelling-house; the transfer of tenancies between spouses and persons who have lived together as husband and wife; and for connected purposes. [4th July 1996]
BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the adviceand consent of the Lords Spiritual and Temporal, and Commons, in this presentParliament assembled, and by the authority of the same, as follows:— PART I
PRINCIPLES OF PARTS II AND III 1. The general principles underlying Parts II and III The court and any person, in exercising functions under or in consequence of Parts
II and III, shall have regard to the following general principles-(a) that the institution of marriage is to be supported; (b) that the parties to a marriage which may have broken down are to be encouraged
to take all practicable steps, whether by marriage counselling or otherwise, to save the marriage;
(c) that a marriage which has irretrievably broken down and is being brought to an end should be brought to an end-
(i) with minimum distress to the parties and to the children affected; (ii) with questions dealt with in a manner designed to promote as good a
continuing relationship between the parties and any children affected as is possible in the circumstances; and
(iii) without costs being unreasonably incurred in connection with the procedures to be followed in bringing the marriage to an end; and
(d) that any risk to one of the parties to a marriage, and to any children, of violence from the other party should, so far as reasonably practicable, be removed or diminished.
