By A.M. Kollontai
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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.
This section defines the period for reflection and consideration, explains its purpose, ie that it is a period for the parties to reflect on whether the marriage can be saved, to have an 32 GUIDE TO THE FAMILY LAW ACT 1996 opportunity to effect a reconciliation if one is possible and – on the basis that the divorce goes ahead – to consider what arrangements should be made for the future. Effect of the section. This programme sets the basic period at nine months beginning 14 days after the statement of marital breakdown is received by the court: s 7(1), (2) and (3).
Section 3 says nothing about where or how the parties should live during the period for reflection and consideration, thus also sweeping away all the concerns under the current system as to whether the parties are living in one household or two, and whether, therefore, desertion under s 1(2)(b) of the Matrimonial Causes Act 1973 or separation one of the existing separation Facts provided by s 1(2)(d) or (e) can be proved, nor whether such cohabitation has any effect on the continuing validity of adultery or behaviour for a petition.