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By Король Италии Виктор Эммануил III

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The rationale behind this approach is that it gives the parties an ultimate choice of remedy based on the same ground, namely that the marriage is beyond saving, but that they do not have to make a decision as to which one when initiating proceedings and that there might be good reasons for their ultimately preferring one or the other, such as an unresolvable pension or other problem which requires that the technical status of marriage be preserved. The only difference in result where the parties obtain a separation as opposed to a divorce order under s 2(3) will be, as now, that neither of them can remarry, because the order will not change the marital status, just as now a decree of judicial separation does not, but for all practical purposes the marriage will be officially over, ie the parties need no longer cohabit and property will descend on both testate and inteste succession as if the surviving spouse were dead.

7) An information meeting must be conducted by a person who— (a) is qualified and appointed in accordance with prescribed provisions; and (b) will have no financial or other interest in any marital proceedings between the parties. (8) Regulations made under this section may, in particular, make provision— (a) about the places and times at which information meetings are to be held; (b) for written information to be given to persons attending them; (c) for the giving of information to parties (otherwise than at information meetings) in cases in which the requirement to attend such meetings does not apply; (d) for information of a prescribed kind to be given only with the approval of the Lord Chancellor or only by a person or by persons approved by him; and (e) for information to be given, in prescribed circumstances, only with the approval of the Lord Chancellor or only by a person, or by persons, approved by him.

Restrictions on conversion. The basic position described above is of course the simple position contemplated by s 4(3). There may be other bars to immediate conversion of a separation to a divorce order. First, the section again refers to the s 10 order preventing divorce (for which see further below at s 10) which is the Act’s replacement for the current ‘defence or delay’ provisions contained respectively in ss 5 and 10 of the Matrimonial Causes Act 1973, and any such order will of course 26 GUIDE TO THE FAMILY LAW ACT 1996 have the effect of temporarily delaying or more permanently precluding a divorce order unless and until the underlying reason for which the Court made the order is satisfactorily addressed.

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