Matrimonial Causes Act 1973

Divorce on breakdown of marriage

(1) Subject to section 3, either or both parties to a marriage may apply to the court for an order (a “divorce order”) which dissolves the marriage on the…

Bar on applying for a divorce order within one year of marriage

(1) An application for a divorce order may not be made before the expiration of the period of one year from the date of the marriage. (2) …

Attempts at reconciliation of parties to marriage

(1) Provision shall be made by rules of court for requiring the legal representative acting for an applicant for a divorce order to certify whether the…

Consideration by the court of certain agreements or arrangements

Provision may be made by rules of court for enabling the parties to a marriage, or either of them, on application made when proceedings for a divorce order are…

Intervention of Queen’s Proctor

(1) In the case of an application for a divorce order — (a) the court may, if it thinks fit, direct all necessary papers in the matter to be sent to the…

Proceedings before divorce order has been made final: general powers of court

(1) Where a divorce order has been made but not made final, then, without prejudice to section 8 above, any person (excluding a party to the proceedings other…

Proceedings before divorce order made final: special protection for respondent

(1) … (2) The following provisions of this section apply where— (a) on an application for a divorce order a conditional order has been made and— (i) the…

Proceedings before divorce order has been made final: religious marriage

(1) This section applies if a divorce order has been made but not made final and the parties to the marriage concerned— (a) were married in accordance with—…

Grounds on which a marriage is void

A marriage celebrated after 31st July 1971, other than a marriage to which section 12A applies, shall be void on the following grounds only, that is to say—…

Grounds on which a marriage is voidable

(1) A marriage celebrated after 31st July 1971, other than a marriage to which section 12A applies, shall be voidable on the following grounds only, that is to…

Grounds on which a marriage converted from a civil partnership is void or voidable

(1) This section applies to a marriage which has been converted, or is purported to have been converted, from a civil partnership under section 9 of the 2013…

The period before nullity of marriage orders may be made final

(1) An order that annuls a marriage which is void or voidable (a “nullity of marriage order”)— (a) is, in the first instance, a conditional order, and (b) may…

Bars to relief where marriage is voidable

(1) The court shall not make a nullity of marriage order on the ground that a marriage is voidable if the respondent satisfies the court— (a) that the…

Marriages governed by foreign law or celebrated abroad under English law

(1) Subject to subsection (3) where, apart from this Act, any matter affecting the validity of a marriage would fall to be determined (in accordance with the…

Application of sections 8 and 9 to proceedings for a nullity of marriage order

Section 8 (intervention of Queen's Proctor) and section 9 (proceedings before divorce order has been made final: general powers of court) apply in relation to…

Effect of annulment in case of voidable marriage

(1) A nullity of marriage order granted in respect of a voidable marriage shall operate to annul the marriage only as respects any time after the order has…

Judicial separation

(1) Either or both parties to a marriage may apply to the court for an order (a “judicial separation order”) which provides for the separation of the parties…

Effects of judicial separation

(1) … (2) If while a decree of judicial separation or judicial separation order is in force and the separation is continuing either of the parties to the…

Financial provision and property adjustment orders

— s. 21 — Financial provision and property adjustment orders (1) The financial provision orders for the purposes of this Act are the orders for periodical or…

Pension sharing orders

(1) For the purposes of this Act, a pension sharing order is an order which— (a) provides that one party’s— (i) shareable rights under a specified pension…

Pension compensation sharing orders

(1) For the purposes of this Act, a pension compensation sharing order is an order which— (a) provides that one party's shareable rights to PPF compensation…

Pension compensation: interpretation

In this Part— “PPF compensation” means compensation payable under the pension compensation provisions; “the pension compensation provisions” means— Chapter 3…

Maintenance pending suit

(1) On an application for a divorce, nullity of marriage or judicial separation order, the court may make an order for maintenance pending suit, that is to…

Orders for payment in respect of legal services

(1) In proceedings for divorce, nullity of marriage or judicial separation, the court may make an order or orders requiring one party to the marriage to pay to…

Matters to which court is to have regard in deciding how to exercise power under section 22ZA

(1) When considering whether to make or vary an order under section 22ZA, the court must have regard to— (a) the income, earning capacity, property and other…

Financial provision orders in connection with divorce proceedings, etc

(1) On making a divorce, nullity of marriage or judicial separation order or at any time after making such an order (whether, in the case of a divorce or…

Property adjustment orders in connection with divorce proceedings, etc

(1) On making a divorce, nullity of marriage or judicial separation order or at any time after making such an order (whether, in the case of a divorce or…

Orders for sale of property

(1) Where the court makes an order under section 22ZA or makes under section 23 or 24 of this Act a secured periodical payments order, an order for the payment…

Pension sharing orders in connection with divorce proceedings etc

(1) On making a divorce or nullity of marriage order or at any time after making such an order (whether before or after the order is made final), the court…

Pension sharing orders: duty to stay

(1) No pension sharing order may be made so as to take effect before the end of such period after the making of the order as may be prescribed by regulations…

Pension sharing orders: apportionment of charges

If a pension sharing order relates to rights under a pension arrangement, the court may include in the order provision about the apportionment between the…

Pension compensation sharing orders in connection with divorce proceedings

(1) On making a divorce or nullity of marriage order or at any time after making such an order (whether before or after the order is made final), the court…

Pension compensation sharing orders: duty to stay

(1) No pension compensation sharing order may be made so as to take effect before the end of such period after the making of the order as may be prescribed by…

Pension compensation sharing orders: apportionment of charges

The court may include in a pension compensation sharing order provision about the apportionment between the parties of any charge under section 117 of the…

Matters to which court is to have regard in deciding how to exercise its powers under ss. 23, 24, 24A, 24B and 24E

(1) It shall be the duty of the court in deciding whether to exercise its powers under section 23, 24, 24A, 24B or 24E above and, if so, in what manner, to…

Exercise of court’s powers in favour of party to marriage on divorce or nullity of marriage order

(1) Where on or after the making of a divorce or nullity of marriage order the court decides to exercise its powers under section 23(1)(a), (b) or (c), 24 or…

Pensions

(1) The matters to which the court is to have regard under section 25(2) above include— (a) in the case of paragraph (a), any benefits under a pension…

Pensions: lump sums

(1) The power of the court under section 23 above to order a party to a marriage to pay a lump sum to the other party includes, where the benefits which the…

Pensions: supplementary

(1) Where— (a) an order made under section 23 above by virtue of section 25B or 25C above imposes any requirement on the person responsible for a pension…

The Pension Protection Fund

(1) The matters to which the court is to have regard under section 25(2) include— (a) in the case of paragraph (a), any PPF compensation to which a party to…

Attachment of pension compensation

(1) This section applies where, having regard to any PPF compensation to which a party to the marriage is or is likely to be entitled, the court determines to…

Pension compensation: supplementary

(1) The Lord Chancellor may by regulations— (a) make provision, in relation to any provision of section 25F which authorises the court making an order under…

Commencement of proceedings for ancillary relief, etc

(1) Where an application for a divorce, nullity of marriage or judicial separation order has been made, then, subject to subsection (2) below, proceedings for…

Financial provision orders, etc., in case of neglect by party to marriage to maintain other party or child of the family

(1) Either party to a marriage may apply to the court for an order under this section on the ground that the other party to the marriage (in this section…

Duration of continuing financial provision orders in favour of party to marriage, and effect of remarriage or formation of civil partnership

(1) Subject in the case of an order made on or after the making of a divorce or nullity of marriage order to the provisions of sections 25A(2) above and 31(7)…

Duration of continuing financial provision orders in favour of children, and age limit on making certain orders in their favour

(1) Subject to subsection (3) below, no financial provision order and no order for a transfer of property under section 24(1)(a) above shall be made in favour…

Direction for settlement of instrument for securing payments or effecting property adjustment

Where the court decides to make a financial provision order requiring any payments to be secured or a property adjustment order— (a) it may direct that the…

Variation, discharge, etc., of certain orders for financial relief

(1) Where the court has made an order to which this section applies, then, subject to the provisions of this section and of section 28(1A) above, the court…

Payment of certain arrears unenforceable without the leave of the court

(1) A person shall not be entitled to enforce through the High Court or the family court the payment of any arrears due under an order for maintenance pending…

Orders for repayment in certain cases of sums paid under certain orders

(1) Where on an application made under this section in relation to an order to which this section applies it appears to the court that by reason of— (a) a…

Consent orders for financial provision or property adjustment

(1) Notwithstanding anything in the preceding provisions of this Part of this Act, on an application for a consent order for financial relief the court may…

Validity of maintenance agreements

(1) If a maintenance agreement includes a provision purporting to restrict any right to apply to a court for an order containing financial arrangements, then—…

Alteration of agreements by court during lives of parties

(1) Where a maintenance agreement is for the time being subsisting and each of the parties to the agreement is for the time being either domiciled or resident…

Alteration of agreements by court after death of one party

(1) Where a maintenance agreement within the meaning of section 34 above provides for the continuation of payments under the agreement after the death of one…

Avoidance of transactions intended to prevent or reduce financial relief

(1) For the purposes of this section “financial relief” means relief under any of the provisions of sections 22, 23, 24, 24B, 27, 31 (except subsection (6))…

Orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage or formation of civil partnership

(1) Where— (a) a periodical payments or secured periodical payments order in favour of a party to a marriage (hereafter in this section referred to as “a…

Settlement, etc. made in compliance with a property adjustment order may be avoided on bankruptcy of settlor

The fact that a settlement or transfer of property had to be made in order to comply with a property adjustment order shall not prevent that settlement or…

Payments, etc., under order made in favour of person suffering from mental disorder

(1) Where the court makes an order under this Part of this Act requiring payments (including a lump sum payment) to be made, or property to be transferred, to…

Appeals relating to pension sharing orders which have taken effect

(1) Subsections (2) and (3) below apply where an appeal against a pension sharing order is begun on or after the day on which the order takes effect. (2) If…

Matrimonial relief and declarations of validity in respect of polygamous marriages

(1) A court in England and Wales shall not be precluded from granting matrimonial relief or making a declaration concerning the validity of a marriage by…

Evidence

(1) The evidence of a husband or wife shall be admissible in any proceedings to prove that marital intercourse did or did not take place between them during…

Parties to proceedings under this Act

(1) … (2) … (3) … (4) Rules of court may make provision... with respect to the joinder as parties to proceedings under this Act of persons involved in…

Interpretation

(1) In this Act— ... “child”, in relation to one or both of the parties to a marriage, includes an illegitimate ... child of that party or, as the case may be…

Interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders

(1) In sections 21(2), 23(1) and (5), 24(1) and (3), 24A(3), 24B(1) and (2), 24E(1) and (2), 25A(1) and (3), 28(1) to (2) and 31— (a) a reference to a divorce…

Transitional provisions and savings

Schedule 1 to this Act shall have effect for the purpose of— (a) the transition to the provisions of this Act from the law in force before the commencement of…

Consequential amendments and repeals

(1) Subject to the provisions of Schedule 1 to this Act— (a) the enactments specified in Schedule 2 to this Act shall have effect subject to the amendments…

Citation, commencement and extent

(1) This Act may be cited as the Matrimonial Causes Act 1973. (2) This Act shall come into force on such day as the Lord Chancellor may appoint by order made…

Sch. 1 para. 1

Without prejudice to the provisions of sections 16(1) and 17(2)(a) of the Interpretation Act 1978 (which relates to the effect of repeals)— (a) nothing in any…

Sch. 1 para. 2

Without prejudice to paragraph 1 above, but subject to paragraph 3 below, any application made or proceeding begun, or deemed to have been made or begun, under…

Sch. 1 para. 3

Nothing in Part I of this Act shall apply in relation to any petition for divorce or judicial separation presented before 1st January 1971 and notwithstanding…

Sch. 1 para. 4

Notwithstanding any repeal or amendment made by this Act, the Act of 1965 and any rules of court made for the purposes of that Act shall continue to have…

Sch. 1 para. 5

Nothing in any repeal made by this Act shall affect any order made, or deemed to have been made, under the Act of 1965 which was continued in force by…

Sch. 1 para. 6

Nothing in sections 11 to 14 or 16 of this Act affects any law or custom relating to the marriage of members of the Royal Family.

Sch. 1 para. 7

Nothing in section 50(1)(a) or (c) above affects— (a) any rules of court made under the Supreme Court of Judicature (Consolidation) Act 1925 for the purposes…

Sch. 1 para. 9

Where the party chargeable under a maintenance agreement within the meaning of section 34 above died before 17th August 1957, then— (a) subsection (1) of that…

Sch. 1 para. 10

No right or liability shall attach by virtue of section 34(1) above in respect of any sum payable under a maintenance agreement within the meaning of that…

Sch. 1 para. 11

(1) Subject to sub-paragraphs (2) and (3) below, a marriage celebrated before 1st August 1971 shall (without prejudice to any other grounds on which a marriage…

Sch. 1 para. 12

Where a decree of nullity was granted on or before 31st July 1971 in respect of a voidable marriage, any child who would have been the legitimate child of the…

Sch. 1 para. 13

Section 18(2) above shall not apply in a case where the death occurred before 1st August 1970, but section 20(3) of the Act of 1965 (which provides that…

Sch. 1 para. 14

Any decree of divorce, nullity of marriage or judicial separation which, apart from this paragraph, would be void or voidable on the ground only that the…

Sch. 1 para. 15

(1) An order made, or deemed to have been made, under section 16(1)(a) or (b) of the Act of 1965 (including either of those paragraphs as applied by section…

Sch. 1 para. 16

Section 38 above shall apply in relation to an order made or deemed to have been made under section 16(1) (including that subsection as applied by section…

Sch. 1 para. 17

(1) Subject to the provisions of this paragraph, section 31 above shall apply, as it applies to the orders mentioned in subsection (2) thereof, to an order…

Sch. 1 para. 18

(1) Subsections (1) and (3) of section 31 above shall apply to an order made or deemed to have been made under section 15 of the Act of 1965 in its application…

Sch. 1 para. 19

Section 42(7) above shall apply in relation to an order for the custody or education of a child made or deemed to have been made under section 34 of the Act of…

Sch. 1 para. 20

The power of the court under section 23(1) or (2)(a) or 42(1)(a) above to make from time to time a financial provision order or, as the case may be, an order…

Sch. 1 para. 21

Where the court has made an order under section 22 of the Act of 1965 the court shall have the like power to make orders under section 42 above with respect to…

Sch. 1 para. 22

Section 32 above shall apply in relation to the enforcement, by proceedings begun after 1st January 1971 (whether before or after the commencement of this…

Sch. 1 para. 23

Section 33 above shall apply to an order (other than an order for the payment of a lump sum) made or deemed to have been made under any of the provisions of…

Sch. 1 para. 24

(1) Section 37 above shall apply in relation to proceedings for relief under section 21 or 34(1)(c) of the Act of 1965 continuing by virtue of paragraph 4(b)…

Sch. 1 para. 25

(1) Sections 43 and 44 above shall apply where the court has jurisdiction by virtue of paragraph 4(b) above to make an order for the custody of a child under…

Sch. 1 para. 26

Section 44(4) above shall apply in relation to the jurisdiction possessed by a court to vary an order made or deemed to have been made with respect to a…

Sch. 2 para. 2

In section 2(1) of the Limitation (Enemies and War Prisoners) Act 1945, in the definition of “statute of limitation” for the words “subsection (1) of section…

Sch. 2 para. 3

(1) In section 16 of the Maintenance Orders Act 1950 (orders enforceable under Part II of that Act)— (a) in subsection (2)(a) for sub-paragraph (i) there shall…

Sch. 2 para. 4

In section 109(2) of the County Courts Act 1959 (proceedings in which appeals on questions of fact are to lie) the following paragraph shall be inserted after…

Sch. 2 para. 5

(1) … (2) In section 42 of that Act (provisions as to condonation), at the beginning of subsections (1) and (3) there shall be inserted the words “ For the…

Sch. 2 para. 7

(1) In subsection (1) of section 2 of the Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (restriction of publicity for certain…

Sch. 2 para. 8

In section 7 of the Family Law Reform Act 1969 (committal of wards of court to care of local authority and supervision of wards of court)— (a) in subsection…

Sch. 2 para. 10

(1) … (2) In Schedule 8 to that Act (as it applies to define maintenance orders both for the purposes of Part II of that Act and for the purposes of the…

Sch. 2 para. 13

In Schedule 1 to the Attachment of Earnings Act 1971 (maintenance orders to which the Act applies) for paragraph 3 there shall be substituted the following…