Domestic Violence Act 2018
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Amendment of Family Law Act 1995 | ||
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45. (1) The Act of 1995 is amended— | ||
(a) in section 2(1) — | ||
(i) by the deletion of the definition of “Act of 1996”, and | ||
(ii) by the insertion of the following definition: | ||
(“ ‘Act of 2018’ means the Domestic Violence Act 2018;”, | ||
(b) in section 6, by the substitution of the following paragraph for paragraph (a) : | ||
“(a) an order under section 6 , 7 , 8 or 10 of the Act of 2018,”, | ||
(c) in section 10(1), by the substitution of the following paragraph for paragraph (d) : | ||
“(d) an order under section 6 , 7 , 8 or 10 of the Act of 2018,”, | ||
(d) in section 31(1), by the deletion of paragraph (b), | ||
(e) by the repeal of section 33, | ||
(f) in section 38(4)— | ||
(i) by the deletion of paragraph (a), and | ||
(ii) in paragraph (b), by the deletion of the words “in any other case,”, | ||
and | ||
(g) in section 47(6), by the substitution of the following paragraph for paragraph (d): | ||
“(d) under the Act of 2018,”. | ||
(2) Where on the coming into operation of this section, an application has been made under section 33 of the Act of 1995 but not determined that application shall continue as if the amendments effected by paragraphs (d), (e) and (f) of subsection (1) had not been made and, where an order is made under section 33 pursuant to that application exempting the marriage from the application of section 31(1)(a) of the Act of 1995, that exemption shall be a valid exemption for that purpose. | ||
(3) Notwithstanding the coming into operation of paragraph (d) of subsection (1), section 31(1)(b) of the Act of 1995 shall continue to apply to an exemption granted under section 33 of that Act prior to that coming into operation and to an exemption granted in accordance with subsection (2). | ||
(4) For the avoidance of doubt, nothing in this section shall affect the validity of a marriage by reason only that the marriage was entered into in reliance on an exemption granted under section 33 of the Act of 1995— | ||
(a) prior to the coming into operation of this section, or | ||
(b) in accordance with subsection (2). |