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Duty of judge to consider possibility of reconciliation

Women’s Charter 1961

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—(1) A court before which —(a)proceedings for divorce or judicial separation; or(b)proceedings, instituted by a party to a subsisting marriage, under section 59, 65, 66 or 69,are being heard is to consider, from time to time, the possibility of a reconciliation of the parties.(2) If, during such proceedings, it appears to the judge from the nature of the case, the evidence in the proceedings or the attitude of the parties that there is a reasonable possibility of a reconciliation of the parties, the judge may do all or any of the following:(a)adjourn the proceedings to give the parties the opportunity to consider a reconciliation or to enable anything to be done in accordance with paragraph (b) or (c);(b)with the consent of the parties, interview them in chambers, with or without their solicitors, as the judge thinks proper, to assist in a possible reconciliation; (c)nominate a Conciliation Officer or some other suitable person or organisation to assist in considering a possible reconciliation.(3) If, not less than 14 days after an adjournment under subsection (2), either of the parties requests that the hearing be proceeded with, the judge is to resume the hearing, or arrangements must be made for the proceedings to be dealt with by another judge, as the case requires, as soon as practicable.(4) Where a judge has acted as conciliator under subsection (2)(b) but the attempt to effect a reconciliation has failed, the judge shall not, except at the request of the parties to the proceedings, continue to hear the proceedings, or determine the proceedings, and, in the absence of such a request, arrangements must be made for the proceedings to be dealt with by another judge.(5) Evidence of anything said, or of any admission made, in the course of an endeavour to effect a reconciliation under this section is not admissible in any court.

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