Commentary on Sections Part 2 – Civil Partnership: England and Wales.Introduction Chapter 2 – Dissolution, Nullity and Other Proceedings Section 63: Restrictions on making of orders affecting children
122.This section provides that in any proceedings for a dissolution, nullity or separation order the court must consider whether there are any children for whom the court should exercise its powers under the Children Act 1989 (c. 41) in order to safeguard their welfare and provide for their upbringing. If necessary the court may direct that the dissolution, nullity or separation order is not to be made final until the court has considered whether to exercise those powers. The provisions apply to any child of the family who is under 16 years of age at the date the court considers the position and also to children of the family over 16 if the court directs that they should also be included in its consideration.