Women’s Charter 1961 · 2020 Revised Edition · Part 10
123. Arrangements for welfare of children
Feedback & supportSubject to this section, the court shall not make final any judgment of divorce or nullity of marriage or grant a judgment of judicial separation unless the court is satisfied as respects every child —
judgment of judicial separation
“judgment of judicial separation” includes a decree of judicial separation granted in proceedings for judicial separation commenced before 1 April 2006;
that arrangements have been made for the welfare of the child and that those arrangements are satisfactory or are the best that can be devised in the circumstances; or
that it is impracticable for the party or parties appearing before the court to make any such arrangements.
The court may, if it thinks fit, proceed without observing the requirements of subsection (1) if —
it appears that there are circumstances making it desirable that the interim judgment be made final or (as the case may be) that the judgment of judicial separation should be granted without delay; and
the court has obtained a satisfactory undertaking from either or both of the parties to bring the question of the arrangements for the child before the court within a specified time.
In this section and section 124, “welfare”, in relation to a child, includes the custody and education of the child and financial provision for him or her.
child
“child” means a child of the marriage as defined in section 92 but who is below 21 years of age.