Section 8 — Family Proceedings Act 1980: Duty of legal advisers to promote reconciliation and conciliation

8 Duty of legal advisers to promote reconciliation and conciliation (1) In all matters in issue between spouses, civil union partners, or de facto partners that are or may become the subject of proceedings under this Act or the Care of Children Act 2004 , every barrister or solicitor acting for either spouse, civil union partner, or de facto partner shall— (a) Ensure that the spouse, civil union partner, or de facto partner for whom the barrister or solicitor is acting is aware of the facilities that exist for promoting reconciliation and conciliation; and (b) Take such further steps as in the opinion of the barrister or solicitor may assist in promoting reconciliation or, if reconciliation is not possible, conciliation. (2) Every barrister or solicitor who— (a) Is acting for a spouse, civil union partner, or de facto partner; and (b) Applies to the Court to have set down for hearing any matter in issue between the spouses, civil union partners, or de facto partners under this Act or the Care of Children Act 2004 — shall certify on the application that he has carried out his responsibilities under subsection (1) of this section. Compare: 1968 No 62 s 13 Subsection (1) was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by inserting the words “ or civil union partners ” after the words “ a husband and wife ” . Subsection (1) was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by inserting the words “ or for either civil union partner ” after the words “ for the husband or wife ” . Subsection (1) was amended, as from 1 July 2005, by section 149 Care of Children Act 2004 (2004 No 90) by substituting the words “ spouses, civil union partners, or de facto partners ” for the words “ a husband and wife or civil union partners ” . Subsection (1) was amended, as from 1 July 2005, by section 149 Care of Children Act 2004 (2004 No 90) by substituting the words “ either spouse, civil union partner, or de facto partner ” for the words “ the husband or wife or for either civil union partner ” . Subsection (1) was amended, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90) by substituting the words “ Care of Children Act 2004 ” for the words “ Guardianship Act 1968 ” . Subsection (1)(a) was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by inserting the words “ or the civil union partner ” after the words “ the husband or wife ” . Subsection (1)(a) was amended, as from 1 July 2005, by section 149 Care of Children Act 2004 (2004 No 90) by substituting the words “ spouse, civil union partner, or de facto partner ” for the words “ husband or wife or the civil union partner ” . Subsection (2)(a) was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by substituting the words “ spouse, civil union partner, or de facto partner ” for the words “ husband or wife or a civil union partner ” . Subsection (2)(a) was amended, as from 1 July 2005, by section 149 Care of Children Act 2004 (2004 No 90) by substituting the words “ spouse, civil union partner, or de facto partner ” for the words “ husband or wife or a civil union partner ” . Subsection (2)(b) was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by inserting the words “ or the civil union partners ” after the word “ wife ” . Subsection (2)(b) was amended, as from 1 July 2005, by section 149 Care of Children Act 2004 (2004 No 90) by substituting the words “ spouses, civil union partners, or de facto partners ” for the words “ husband and wife or the civil union partners ” . Subsection (2)(b) was amended, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90) by substituting the words “ Care of Children Act 2004 ” for the words “ Guardianship Act 1968 ” .