Last amended by Anti-social Behaviour, Crime and Policing Act 2014 in 2014. Inserted s.63CA, making breach of a forced marriage protection order a criminal offence (alongside the new offence of forced marriage itself in s.121 of the 2014 Act).
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Family Law Act 1996 is the principal statute providing civil remedies against domestic abuse in England & Wales. Its operative core is Part IV (Family Homes and Domestic Violence), which provides non-molestation orders, occupation orders regulating occupation of the family home, and 'home rights' for spouses and civil partners without a legal estate, and Part 4A (inserted in 2007), which provides forced marriage protection orders. Part II — an ambitious 'no-fault divorce' scheme based on marital breakdown statements and periods of reflection — was never brought into force and was repealed (except for s.22 on funding for marriage support) by the Children and Families Act 2014; no-fault divorce was eventually delivered by the Divorce, Dissolution and Separation Act 2020 amending the Matrimonial Causes Act 1973 instead.
Key Points
- Home rights: a spouse or civil partner with no estate in the dwelling-house has a right not to be evicted or excluded, registrable as a charge (ss.30–32)
- Occupation orders for applicants with an estate, interest or home rights (s.33), including power to exclude the respondent from the home and a defined area around it
- Occupation orders for non-entitled former spouses/civil partners (s.35) and cohabitants or former cohabitants (s.36), with additional considerations in s.41
- Non-molestation orders protecting 'associated persons' and relevant children (s.42) — 'molestation' is deliberately undefined and covers a broad spectrum of conduct
- Breach of a non-molestation order without reasonable excuse is a criminal offence carrying up to 5 years' imprisonment (s.42A, inserted by the Domestic Violence, Crime and Victims Act 2004)
- Ex parte (without notice) orders (s.45) and undertakings in place of orders (s.46)
- Wide definition of 'associated persons' (s.62): spouses, civil partners, cohabitants, relatives, parties to the same family proceedings, and others
- Forced marriage protection orders (Part 4A, ss.63A–63S); breach is a criminal offence carrying up to 5 years' imprisonment (s.63CA)
- Part II's divorce-reform scheme (ss.2–25) was never commenced and was repealed, except s.22, in 2014
Amendments History
2004 — Civil Partnership Act 2004
Extended Part IV to civil partners and renamed 'matrimonial home rights' as 'home rights'.
2004 — Domestic Violence, Crime and Victims Act 2004
Inserted s.42A, criminalising breach of a non-molestation order (up to 5 years' imprisonment), and widened Part IV eligibility, including for same-sex cohabitants and couples who have never cohabited.
2007 — Forced Marriage (Civil Protection) Act 2007
Inserted Part 4A (ss.63A–63S), creating forced marriage protection orders.
2014 — Anti-social Behaviour, Crime and Policing Act 2014
Inserted s.63CA, making breach of a forced marriage protection order a criminal offence (alongside the new offence of forced marriage itself in s.121 of the 2014 Act).
2014 — Children and Families Act 2014
Repealed Part II (the never-implemented divorce reform scheme) except for s.22, with effect from 13 May 2014 (ss.18(1), 139(4)).
Frequently asked questions
- What is the main purpose of the Family Law Act 1996?
- The Family Law Act 1996 is the main law in England and Wales for civil remedies against domestic abuse. Its core, Part IV, provides non-molestation orders, occupation orders for the family home, and 'home rights' for spouses and civil partners without a legal estate. It also includes Part 4A, which provides forced marriage protection orders.
- Is it a crime to break a non-molestation order?
- Yes, breaching a non-molestation order without a reasonable excuse is a criminal offence. Section 42A, inserted by the Domestic Violence, Crime and Victims Act 2004, makes this breach punishable by up to five years' imprisonment. This provision applies to orders made under Part IV of the Family Law Act 1996.
- What are forced marriage protection orders?
- Forced marriage protection orders were added to the Act in 2007 via the Forced Marriage (Civil Protection) Act 2007. These orders are found in Part 4A. Breaching such an order is a criminal offence carrying up to five years' imprisonment, a penalty introduced by the Anti-social Behaviour, Crime and Policing Act 2014.