I move amendment No. 26:
In page 10, subsection (1), line 41, after "thereafter" to insert "during the lifetime of both of the spouses concerned".
SECTION 9.
Amendment agreed to.
I move amendment No. 27:
In page 10, subsection (1), line 43, to delete "concerned".
Amendment agreed to.
Section 9, as amended, agreed to.
Amendments Nos. 28 and 47 are related and may be taken together by agreement.
I move amendment No. 28:
In page 11, subsection (1), line 27, after "nullity" to insert "or a decree of judicial separation".
Section 10 enables the court in cases of nullity to order a spouse to take out a life assurance policy in favour of the other spouse. The effect of this amendment would be to extend that power of the Court to judicial separation cases also if appropriate.
Amendment agreed to.
I move amendment No. 29:
In page 11, subsection (1) (b), lines 33 and 34, to delete "by reason of the annulment of the marriage" and substitute "by reason of the decree of judicial separation or the invalidity of the marriage, as the case may be,".
This amendment is in part technical and is also consequential on amendment No. 28 which extends the provisions of section 10 to judicial separation cases. The subsection as drafted refers to benefits that may be lost as a result of the annulment of a marriage. However, it is technically more correct to refer to benefit being lost as a result of the marriage being invalid, because where the marriage is void, the loss would arise for that reason, and not by reason of the annulment. It is a technical point.
Amendment agreed to.
I move amendment No. 30:
In page 12, subsection (2) (b), line 16, to delete "of the applicant" and substitute "or death of the applicant in so far it relates to the applicant".
The provision in section 10 (2) (b) causes the financial compensation orders to cease on the remarriage of the applicant. The amendment will extend this cessation provision to the case where the applicant dies. It also provides that the revision applies only to the applicant but not to any other dependant who may be covered by the order.
Amendment agreed to.
Amendments Nos. 31 and 38 are related and may be taken together. Is that agreed? Agreed.
I move amendment No. 31:
In page 12, subsection (2) (c), lines 18 and 19, to delete "married since the granting of the decree of nullity concerned" and substitute "remarried".
This a technical amendment.
Amendment agreed to.
Section 10, as amended, agreed to.