As the Family Law Bill received royal assent on 4 July, practitioners should be aware of the significant changes to it since it was introduced into the House of Lords in November 1995.

Pt 1 of the Bill sets out four general principles which govern the actions of individuals or courts carrying out functions under pts II and III.

A no-fault ground for divorce is introduced in pt II which also deals with the pr ovision of divorce information, financial provision, pension splitting and funding for marriage support services.

The grounds for divorce still remain the irretrievable breakdown of a marriage.

However, individuals must now prove this by first attending a one-to-one meeting, at which they will be given information on prescribed topics and be encouraged to take up the option of attending marriage counselling over the following three months.

Marriage counselling will be provided free of charge for those who would be eligible to receive legal aid, without payment of a contribution, throughout the period for consideration and reflection.

The Legal Aid Board (LAB) has the power to deny individuals access to representation if they are in receipt of marriage counselling.

Once the three-month period has expired a divorce application can be lodged.

Individuals must then wait at least nine or 15 months before applying for a divorce.

The 15-month wait is imposed if there are children aged under 16, or if arrangements for the future have been settled and either party wants more time for further reflection.

The 15-month wait is, however, waived if an occupation order or a non-molestation order is in force at the time of the application for a divorce order or if the delay would be significantly detrimental to the welfare of the children.

The Bill states that parties must settle their arrangements for the future before obtaining a divorce.

Parties can prove that financial arrangements have been settled by producing a court order, a negotiated agreement, a declaration by both parties or a declaration by only one party.

Parties must also show that arrangements for their children are satisfactory.

Failure to settle arrangements within one year 01 the consideration and reflection period, will have the effect of starting the process over again.

A number of exceptions to the requirements concerning arrangements for the future are set out in sched 1.

These cover situations where domestic violence has occurred, the other party has been obstructive, is physically or mentally incapable of settling arrangements, or cannot be contacted.

Minor amendments to the rules governing financial provision in the Matrimonial Causes Act 1973 are made.

Changes are also made to the Domestic Proceedings and Magistrates' Court Act 1978 to remove references to making claims for financial provision on the grounds of unreasonable behaviour or desertion.

The Family Law Bill also provides for the introduction of pension splitting on divorce.

The Bill reinforces the role of conduct in disputes relating to finances and children.

The hardship bar applies to all divorces, and refers to substantial financial or other hardships involving the other party or a child of the family.

The provisions of s.25 of the Matrimonial Causes Act 1973 now make it explicit that conduct which it is inequitable to disregard can be of any type, and can be taken into account irrespective of when it occurred, A new provisior expands s.41 of the 1973 Act, requiring the court to take into account factors including parental conduct when considering the exercise of powers under the Children Act 1989.

The law affecting children has also been amended in that children are given the right to separate representation.

Pt III of the Bill deals with legal aid for mediation.

The LAB has the power to enter into contracts for the provision of mediation and can set standards for mediators when providing services.

Contributions from clients will be collected by the LAB, and the Bill states that the statutory c harge may apply to mediation.

Legally aided individuals will not have an entirely free choice over the services they use, and are required to attend a meeting with a mediator.

At this meeting the mediator will determine whether mediation appears suitable and whether it can take place without fear of violence or other harm.

If so, the mediator can help to decide whether to apply for mediation, rather than representation.

The LAB will then assess to which services the individuals should have access.

Pt IV of the Bill concentrates on protection for victims of domestic violence.

It is modelled on the original Family Homes and Domestic Violence Bill, although some changes have been made.

A lower level of protection is now available for cohabitees, as opposed to married couples.

Conduct has been re-introduced as a factor the court should consider when dealing with applications for injunctions.

Third parties are given the power to apply for injunctions on victims' behalf.

The Bill includes transitional provisions to protect those who have embarked on a period of separation under the current law, but which has not been completed by the time the Bill is implemented.

The transitional period will last for two years following implementation.

Individuals wishing to take advantage of these provisions will have to provide evidence of separation (as yet undefined) to the court.

It is not the government's intention to implement all parts of the Family Law Bill simultaneously.

The aim is to implement pt IV of the Bill in autumn 1997.

Both pts II and III, excluding pension splitting, will be implemented following the conclusion of pilot projects which are expected to last for two years.

Plans to implement pension splitting will be made after the publication of a green paper in the summer and a white paper in the spring of next year.