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Changes to legislation: Matrimonial Causes Act 1973 is up to date with all changes known to be in force on or before 06 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes
Matrimonial Causes Act 1973
1973 CHAPTER 18
F
An Act to consolidate certain enactments relating to matrimonial proceedings,
maintenance agreements, and declarations of legitimacy, validity of marriage and
British nationality, with amendments to give effect to recommendations of the Law
Commission. [23rd May 1973]
Textual Amendments
F1 Act: for the words "Supreme Court Act 1981" wherever they occur there is substituted (prosp.) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2) [Editorial Note: this amendment will be carried through into the text of the Act at the same time as any other effects on the Act for the year in which the relevant commencement order (or first such order) is made]
Commencement Information
I1 Act not in force at Royal Assent, see s. 55(2); Act wholly in force at 1.1. PART I DIVORCE, NULLITY AND OTHER MATRIMONIAL SUITS Divorce [F2 1 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 ground that the marriage has broken down irretrievably. (2) An application under subsection (1) must be accompanied by a statement by the applicant or applicants that the marriage has broken down irretrievably.
Part I – Divorce, Nullity and Other Matrimonial Suits Document Generated: 2022-06- Changes to legislation: Matrimonial Causes Act 1973 is up to date with all changes known to be in force on or before 06 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (3) The court dealing with an application under subsection (1) must— (a) take the statement to be conclusive evidence that the marriage has broken down irretrievably, and (b) make a divorce order. (4) A divorce order— (a) is, in the first instance, a conditional order, and (b) may not be made final before the end of the period of 6 weeks from the making of the conditional order. (5) The court may not make a conditional order unless— (a) in the case of an application that is to proceed as an application by one party to the marriage only, that party has confirmed to the court that they wish the application to continue, or (b) in the case of an application that is to proceed as an application by both parties to the marriage, those parties have confirmed to the court that they wish the application to continue; and a party may not give confirmation for the purposes of this subsection before the end of the period of 20 weeks from the start of proceedings. (6) The Lord Chancellor may by order made by statutory instrument amend this section so as to shorten or lengthen the period for the purposes of subsection (4)(b) or (5). (7) But the Lord Chancellor may not under subsection (6) provide for a period which would result in the total number of days in the periods for the purposes of subsections (4)(b) and (5) (taken together) exceeding 26 weeks. (8) In a particular case the court dealing with the case may by order shorten the period that would otherwise be applicable for the purposes of subsection (4)(b) or (5). (9) A statutory instrument containing an order under subsection (6) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (10) Without prejudice to the generality of section 75 of the Courts Act 2003, Family Procedure Rules may make provision as to the procedure for an application under subsection (1) by both parties to a marriage to become an application by one party to the marriage only (including provision for a statement made under subsection (2) in connection with the application to be treated as made by one party to the marriage only). ]
Textual Amendments
F2 S. 1 substituted (25.6.2020 for specified purposes, 6.4.2022 in so far as not already in force) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 1 , 8(3)(a) (with s. 8(4)); S.I. 2022/283, reg. 2 F3 2 Supplemental provisions as to facts raising presumption of breakdown.
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Part I – Divorce, Nullity and Other Matrimonial Suits Document Generated: 2022-06- Changes to legislation: Matrimonial Causes Act 1973 is up to date with all changes known to be in force on or before 06 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (2) If at any stage of proceedings for [F12 a divorce order ] it appears to the court that there is a reasonable possibility of a reconciliation between the parties to the marriage, the court may adjourn the proceedings for such period as it thinks fit to enable attempts to be made to effect such a reconciliation. The power conferred by the foregoing provision is additional to any other power of the court to adjourn proceedings.
Textual Amendments
F10 Words in s. 6(1) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 21 para. 29 (with ss. 29, 192 , 193 ); S.I. 2009/3250, art. 2(h) F11 Words in s. 6(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 6(a) (with s. 8(4)); S.I. 2022/283, reg. 2 F12 Words in s. 6(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 6(b) (with s. 8(4)); S.I. 2022/283, reg. 2 7 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 [F13 when proceedings for a divorce order are contemplated or have begun, ] to refer to the court any agreement or arrangement made or proposed to be made between them, being an agreement or arrangement which relates to, arises out of, or is connected with, the [F14 proceedings, ] and for enabling the court to express an opinion, should it think it desirable to do so, as to the reasonableness of the agreement or arrangement and to give such directions, if any, in the matter as it thinks fit.
Textual Amendments
F13 Words in s. 7 substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 7(a) (with s. 8(4)); S.I. 2022/283, reg. 2 F14 Word in s. 7 substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 7(b) (with s. 8(4)); S.I. 2022/283, reg. 2 8 Intervention of Queen’s Proctor. (1) In the case of [F15 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 Queen’s Proctor, who shall under the directions of the Attorney-General instruct counsel to argue before the court any question in relation to the matter which the court considers it necessary or expedient to have fully argued; (b) any person may at any time during the progress of the proceedings or before the [F16 divorce order is made final ] give information to the Queen’s Proctor on any matter material to the due decision of the case, and the Queen’s Proctor may thereupon take such steps as the Attorney-General considers necessary or expedient. (2) Where the Queen’s Proctor intervenes or shows cause against a [F17 conditional order in any proceedings for a divorce order, ] the court may make such order as may be just
Part I – Divorce, Nullity and Other Matrimonial Suits Document Generated: 2022-06-
Changes to legislation: Matrimonial Causes Act 1973 is up to date with all changes known to be in force on or before 06 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes as to the payment by other parties to the proceedings of the costs incurred by him in so doing or as to the payment by him of any costs incurred by any of those parties by reason of his so doing. (3) The Queen’s Proctor shall be entitled to charge as part of the expenses of his office— (a) the costs of any proceedings under subsection (1)(a) above; (b) where his reasonable costs of intervening or showing cause as mentioned in subsection (2) above are not fully satisfied by any order under that subsection, the amount of the difference; (c) if the Treasury so directs, any costs which he pays to any parties under an order made under subsection (2).
Textual Amendments
F15 Words in s. 8(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 8(a) (with s. 8(4)); S.I. 2022/283, reg. 2 F16 Words in s. 8(1)(b) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 8(b) (with s. 8(4)); S.I. 2022/283, reg. 2 F17 Words in s. 8(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 8(c) (with s. 8(4)); S.I. 2022/283, reg. 2 9 Proceedings [F18before divorce order has been made final]: general powers of court. (1) Where a [F19 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 than the Queen’s Proctor) may show cause why the [F20 order should not be made final ] by reason of material facts not having been brought before the court; and in such a case the court may— (a) notwithstanding anything in [F21 section 1(4) ] above (but subject to [F22 section ] 10(2) to (4) F23 ... below) make the [F21 order final ] ; or (b) rescind the [F24 order ] ; or (c) require further inquiry; or (d) otherwise deal with the case as it thinks fit. (2) [F25 Where a divorce order has been made on an application by one party to a marriage and that party has not applied for the order to be made final, ] then, at any time after the expiration of three months from the earliest date on which that party could have made such an application, [F26 the other party to the marriage ] may make an application to the court, and on that application the court may exercise any of the powers mentioned in paragraphs (a) to (d) of subsection (1) above.
Textual Amendments
F18 Words in s. 9 heading substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 9(a) (with s. 8(4)); S.I. 2022/283, reg. 2 F19 Words in s. 9(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 9(b)(i) (with s. 8(4)); S.I. 2022/283, reg. 2 F20 Words in s. 9(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 9(b)(ii) (with s. 8(4)); S.I. 2022/283, reg. 2
Part I – Divorce, Nullity and Other Matrimonial Suits Document Generated: 2022-06-
Changes to legislation: Matrimonial Causes Act 1973 is up to date with all changes known to be in force on or before 06 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes
Textual Amendments
F27 S. 10 heading substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 10(a) (with s. 8(4)); S.I. 2022/283, reg. 2 F28 S. 10(1) omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 10(b) (with s. 8(4)); S.I. 2022/283, reg. 2 F29 S. 10(2)-(3A) substituted for s. 10(2) (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 10(c) (with s. 8(4)); S.I. 2022/283, reg. 2 F30 Words in s. 10(4) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 10(d)(i) (with s. 8(4)); S.I. 2022/283, reg. 2 F31 Words in s. 10(4)(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 10(d)(ii) (with s. 8(4)); S.I. 2022/283, reg. 2 F32 Words in s. 10(4)(b) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 10(d)(iii) (with s. 8(4)); S.I. 2022/283, reg. 2 [F3310A Proceedings [F34before divorce order has been made final]: religious marriage (1) This section applies if a [F35 divorce order has been made ] but not made [F36 final ] and the parties to the marriage concerned— (a) were married in accordance with— (i) the usages of the Jews, or (ii) any other prescribed religious usages; and (b) must co-operate if the marriage is to be dissolved in accordance with those usages. (2) On the application of either party, the court may order that a [F37 divorce order ] is not to be made [F38 final ] until a declaration made by both parties that they have taken such steps as are required to dissolve the marriage in accordance with those usages is produced to the court. (3) An order under subsection (2)— (a) may be made only if the court is satisfied that in all the circumstances of the case it is just and reasonable to do so; and (b) may be revoked at any time. (4) A declaration of a kind mentioned in subsection (2)— (a) must be in a specified form; (b) must, in specified cases, be accompanied by such documents as may be specified; and (c) must, in specified cases, satisfy such other requirements as may be specified. (5) The validity of a [F39 divorce order ] made by reference to such a declaration is not to be affected by any inaccuracy in that declaration. (6) “Prescribed” means prescribed in an order made by the Lord Chancellor [F40 after consulting the Lord Chief Justice ] and such an order— (a) must be made by statutory instrument; (b) shall be subject to annulment in pursuance of a resolution of either House of Parliament. (7) “Specified” means specified in rules of court.
Part I – Divorce, Nullity and Other Matrimonial Suits Document Generated: 2022-06- Changes to legislation: Matrimonial Causes Act 1973 is up to date with all changes known to be in force on or before 06 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes [ F41 (8) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section. ]]
Textual Amendments
F33 S. 10A inserted (24.2.2003) by Divorce (Religious Marriages) Act 2002 (c. 27), ss. 1(1) , 2(2); S.I. 2003/186, art. 2 F34 Words in s. 10A heading substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 11(a) (with s. 8(4)); S.I. 2022/283, reg. 2 F35 Words in s. 10A(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 11(b)(i) (with s. 8(4)); S.I. 2022/283, reg. 2 F36 Word in s. 10A(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 11(b)(ii) (with s. 8(4)); S.I. 2022/283, reg. 2 F37 Words in s. 10A(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 11(c)(i) (with s. 8(4)); S.I. 2022/283, reg. 2 F38 Word in s. 10A(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 11(c)(ii) (with s. 8(4)); S.I. 2022/283, reg. 2 F39 Words in s. 10A(5) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 11(d) (with s. 8(4)); S.I. 2022/283, reg. 2 F40 Words in s. 10A(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148 , Sch. 4 para. 76(2) ; S.I. 2006/1014, art. 2(a) , Sch. 1 para. 11(e) F41 S. 10A(8) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148 , Sch. 4 para. 76(3) ; S.I. 2006/1014, art. 2(a) , Sch. 1 para. 11(e) Nullity 11 Grounds on which a marriage is void. A marriage celebrated after 31st July 1971 [F42 , other than a marriage to which section 12A applies, ] shall be void on the following grounds only, that is to say— (a) that it is not a valid marriage under the provisions of [F43 the [F44 Marriage Acts 1949 to 1986 ]] (that is to say where— (i) the parties are within the prohibited degrees of relationship; (ii) either party is under the age of sixteen; or (iii) the parties have intermarried in disregard of certain requirements as to the formation of marriage); (b) that at the time of the marriage either party was already lawfully married [F45 or a civil partner ] ; F46 (c)................................ (d) in the case of a polygamous marriage entered into outside England and Wales, that either party was at the time of the marriage domiciled in England and Wales. For the purposes of paragraph (d) of this subsection a marriage [F47 is not polygamous if ] at its inception neither party has any spouse additional to the other.
Part I – Divorce, Nullity and Other Matrimonial Suits Document Generated: 2022-06- Changes to legislation: Matrimonial Causes Act 1973 is up to date with all changes known to be in force on or before 06 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes F52 S. 12(h) inserted (4.4.2005) by Gender Recognition Act 2004 (c. 7), ss. 11, 26 , Sch. 4 para. 5 ; S.I. 2005/54, art. 2 F53 S. 12(2) inserted (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 4 para. 4(3) ; S.I. 2014/93, art. 3(j)(i) [F5412A. 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 Act and regulations made under that section. (2) A marriage which results from the purported conversion of a void civil partnership is void. (3) A marriage which results from the conversion of a civil partnership is voidable if any of paragraphs (c) to (h) of section 12(1) applied at the date from which the marriage is treated as having subsisted in accordance with section 9(6) of the 2013 Act. (4) In this section, the “2013 Act” means the Marriage (Same Sex Couples) Act 2013. ]
Textual Amendments
F54 (^) S. 12A inserted (10.12.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014 (S.I. 2014/3168), art. 1(2)(3), Sch. para. 6(4) [F5512B 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 not be made final before the end of the period of 6 weeks from the making of the conditional order. (2) The Lord Chancellor may by order made by statutory instrument amend this section so as to shorten or lengthen the period for the purposes of subsection (1)(b). (3) But the Lord Chancellor may not under subsection (2) lengthen the period so that it exceeds 6 months. (4) In a particular case the court dealing with the case may by order shorten the period that would otherwise be applicable for the purposes of subsection (1)(b). (5) A statutory instrument containing an order under subsection (2) is subject to annulment in pursuance of a resolution of either House of Parliament. ]
Textual Amendments
F55 S. 12B inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 12 (with s. 8(4)); S.I. 2022/283, reg. 2
Part I – Divorce, Nullity and Other Matrimonial Suits Document Generated: 2022-06-
Changes to legislation: Matrimonial Causes Act 1973 is up to date with all changes known to be in force on or before 06 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes 13 Bars to relief where marriage is voidable. (1) The court shall [F56 not make a nullity of marriage order ] on the ground that a marriage is voidable if the respondent satisfies the court— (a) that the [F57 applicant ] , with knowledge that it was open to him to have the marriage avoided, so conducted himself in relation to the respondent as to lead the respondent reasonably to believe that he would not seek to do so; and (b) that it would be unjust to the respondent to [F58 make the order ]. [F59 (2) Without prejudice to subsection (1) above, the court shall not [F60 make a nullity of marriage order ] by virtue of section 12 above on the grounds mentioned in paragraph ( c ), ( d ), ( e ) [F61^ , (f) or (h) ] of that section unless— (a) it is satisfied that proceedings were instituted within the period of three years from the date of the marriage, or (b) leave for the institution of proceedings after the expiration of that period has been granted under subsection (4) below. ] [F62 (2A) Without prejudice to subsection (1) above, the court shall not [F63 make a nullity of marriage order ] by virtue of section 12 above on the ground mentioned in paragraph (g) of that section unless it is satisfied that proceedings were instituted within the period of six months from the date of issue of the interim gender recognition certificate. ] (3) Without prejudice to subsections (1) and (2) above, the court shall not [F64 make a nullity of marriage order ] by virtue of section 12 above on the grounds mentioned in paragraph (e) [F61 , (f) or (h) ] of that section unless it is satisfied that the [F65 applicant ] was at the time of the marriage ignorant of the facts alleged. [F66 (4) In the case of proceedings for the [F67 making of a nullity of marriage order ] by virtue of section 12 above on the grounds mentioned in paragraph ( c ), ( d ), ( e ) [F61^ , (f) or (h) ] of that section, a judge of the court may, on an application made to him, grant leave for the institution of proceedings after the expiration of the period of three years from the date of the marriage if— (a) he is satisfied that the [F68 applicant ] has at some time during that period suffered from mental disorder within the meaning of the Mental Health Act 1983, and (b) he considers that in all the circumstances of the case it would be just to grant leave for the institution of proceedings. (5) An application for leave under subsection (4) above may be made after the expiration of the period of three years from the date of the marriage. ]
Textual Amendments
F56 Words in s. 13(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 13(2)(a) (with s. 8(6)); S.I. 2022/283, reg. 2 F57 Word in s. 13(1)(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 13(2)(b) (with s. 8(6)); S.I. 2022/283, reg. 2 F58 Words in s. 13(1)(b) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 13(2)(c) (with s. 8(6)); S.I. 2022/283, reg. 2 F59 S. 13(2) substituted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 2(2) , 48(2) F60 Words in s. 13(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 13(3) (with s. 8(6)); S.I. 2022/283, reg. 2 F61 Words in s. 13(2)(3)(4) substituted (4.4.2005) by Gender Recognition Act 2004 (c. 7), ss. 11, 26 , Sch. 4 para. 6 ; S.I. 2005/54, art. 2
Part I – Divorce, Nullity and Other Matrimonial Suits Document Generated: 2022-06-
Changes to legislation: Matrimonial Causes Act 1973 is up to date with all changes known to be in force on or before 06 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes
Textual Amendments
F71 S. 15 substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 14 (with s. 8(6)); S.I. 2022/283, reg. 2 16 Effect of [F72annulment] in case of voidable marriage. [F73 (1) ] [F74 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 [F75 order has been made final, ] and the marriage shall, [F76 notwithstanding the order, ] be treated as if it had existed up to that time. [F77 (2) Subsection (1) has effect in relation to a decree of nullity granted after 31 July 1971 as it has effect in relation to a nullity of marriage order, but with the substitution— (a) for “order has been made final,” of “decree has been made absolute,” and (b) for “notwithstanding the order,” of “notwithstanding the decree, ]
Textual Amendments
F72 Word in s. 16 heading substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 15(2) ; S.I. 2022/283, reg. 2 F73 S. 16 renumbered as s. 16(1) (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 15(3) ; S.I. 2022/283, reg. 2 F74 Words in s. 16(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 15(4)(a) ; S.I. 2022/283, reg. 2 F75 Words in s. 16(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 15(4)(b) ; S.I. 2022/283, reg. 2 F76 Words in s. 16(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 15(4)(c) ; S.I. 2022/283, reg. 2 F77 S. 16(2) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 15(5) ; S.I. 2022/283, reg. 2 Other matrimonial suits 17 Judicial separation. [F78 (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 to the marriage. (1A) An application under subsection (1) must be accompanied by— (a) if the application is by one party to the marriage only, a statement by that person that they seek to be judicially separated from the other party to the marriage, or (b) if the application is by both parties to the marriage, a statement by them that they seek to be judicially separated from one another. (1B) The court dealing with an application under subsection (1) must make a judicial separation order. ] F79 (2)................................
Part I – Divorce, Nullity and Other Matrimonial Suits Document Generated: 2022-06- Changes to legislation: Matrimonial Causes Act 1973 is up to date with all changes known to be in force on or before 06 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (3) Sections 6 and 7 above shall apply for the purpose of encouraging the reconciliation of parties to proceedings for [F80 a judicial separation order ] and of enabling the parties to a marriage to refer to the court for its opinion an agreement or arrangement relevant to actual or contemplated proceedings for [F80 a judicial separation order ] , as they apply in relation to proceedings for [F81 a divorce order ].
Textual Amendments
F78 S. 17(1)-(1B) substituted for s. 17(1) (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 2(2) , 8(1)(8) (with s. 8(5)); S.I. 2022/283, reg. 2 F79 S. 17(2) omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 2(3) , 8(1)(8) (with s. 8(5)); S.I. 2022/283, reg. 2 F80 Words in s. 17(3) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 2(4)(a) , 8(1)(8) (with s. 8(5)); S.I. 2022/283, reg. 2 F81 Words in s. 17(3) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 2(4)(b) , 8(1)(8) (with s. 8(5)); S.I. 2022/283, reg. 2 18 Effects of judicial separation. F82 (1)................................ (2) If while a decree of judicial separation [F83 or judicial separation order ] is in force and the separation is continuing either of the parties to the marriage dies intestate as respects all or any of his or her real or personal property, the property as respects which he or she died intestate shall devolve as if the other party to the marriage had then been dead. (3) Notwithstanding anything in section 2(1)(a) of the M1 Matrimonial Proceedings (Magistrates’ Courts) Act 1960, a provision in force under an order made, or having effect as if made, under that section exempting one party to a marriage from the obligation to cohabit with the other shall not have effect as a decree of judicial separation for the purposes of subsection (2) above.
Textual Amendments
F82 S. 18(1) omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 16(a) (with s. 8(5)); S.I. 2022/283, reg. 2 F83 Words in s. 18(2) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 16(b) (with s. 8(5)); S.I. 2022/283, reg. 2
Marginal Citations
M1 1960 c. 48. F84 19 Presumption of death and dissolution of marriage.
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Part II – Financial Relief for Parties to Marriage and Children of Family Document Generated: 2022-06- Changes to legislation: Matrimonial Causes Act 1973 is up to date with all changes known to be in force on or before 06 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes for the purpose of adjusting the financial position of the parties to a marriage and any children of the family on or after the [F86 making of a divorce, nullity of marriage or judicial separation order, ] that is to say— (a) any order under subsection (1)(a) of that section for a transfer of property; (b) any order under subsection (1)(b) of that section for a settlement of property; and (c) any order under subsection (1)(c) or (d) of that section for a variation of settlement. [F87 (3) See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders). ]
Textual Amendments
F86 Words in s. 21(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 18(a) ; S.I. 2022/283, reg. 2 F87 S. 21(3) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 18(b) ; S.I. 2022/283, reg. 2 [F8821A 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 arrangement, or (ii) shareable state scheme rights, be subject to pension sharing for the benefit of the other party, and (b) specifies the percentage value to be transferred. (2) In subsection (1) above— (a) the reference to shareable rights under a pension arrangement is to rights in relation to which pension sharing is available under Chapter I of Part IV of the Welfare Reform and Pensions Act 1999, or under corresponding Northern Ireland legislation, (b) the reference to shareable state scheme rights is to rights in relation to which pension sharing is available under Chapter II of Part IV of the Welfare Reform and Pensions Act 1999, or under corresponding Northern Ireland legislation, and (c) “ party ” means a party to a marriage. ]
Textual Amendments
F88 S. 21A and sidenote inserted (11.11.1999 for certain purposes and otherwise 1.12.2000) by 1999 c. 30, s. 19, Sch. 3 para. 2 ; S.I. 2000/1116, art. 2
Modifications etc. (not altering text)
C2 S. 21A modified (8.8.2006) by The Divorce etc. (Pension Protection Fund) Regulations 2006 (S.I. 2006/1932), reg. 4(2)(a)
Part II – Financial Relief for Parties to Marriage and Children of Family Document Generated: 2022-06-
Changes to legislation: Matrimonial Causes Act 1973 is up to date with all changes known to be in force on or before 06 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes [F8921B 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 that derive from rights under a specified pension scheme are to be subject to pension compensation sharing for the benefit of the other party, and (b) specifies the percentage value to be transferred. (2) In subsection (1)— (a) the reference to shareable rights to PPF compensation is to rights in relation to which pension compensation sharing is available under Chapter 1 of Part 3 of the Pensions Act 2008 or under corresponding Northern Ireland legislation; (b) “ party ” means a party to a marriage; (c) “ specified ” means specified in the order.
Textual Amendments
F89 Ss. 21B, 21C inserted (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 2 ; S.I. 2011/664, art. 2(3), Sch. Pt. 2 21C Pension compensation: interpretation In this Part— “PPF compensation” means compensation payable under the pension compensation provisions; “the pension compensation provisions” means— (a) Chapter 3 of Part 2 of the Pensions Act 2004 (pension protection) and any regulations or order made under it, (b) Chapter 1 of Part 3 of the Pensions Act 2008 (pension compensation on divorce etc) and any regulations or order made under it, and (c) any provision corresponding to the provisions mentioned in paragraph (a) or (b) in force in Northern Ireland. ]
Textual Amendments
F89 Ss. 21B, 21C inserted (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 2 ; S.I. 2011/664, art. 2(3), Sch. Pt. 2 Ancillary relief in connection with divorce proceedings, etc. 22 Maintenance pending suit. [F90 (1) On [F91 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 say, an order requiring either party to the marriage to make to the other such periodical payments for his or her maintenance and for such term, being a term beginning not earlier than the date of the [F92 making of the application ] and ending with the date of the determination of the suit, as the court thinks reasonable. ]
Part II – Financial Relief for Parties to Marriage and Children of Family Document Generated: 2022-06-
Changes to legislation: Matrimonial Causes Act 1973 is up to date with all changes known to be in force on or before 06 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (9) For the purposes of the assessment of costs in the proceedings, the applicant's costs are to be treated as reduced by any amount paid to the applicant pursuant to an order under this section for the purposes of those proceedings. (10) In this section “legal services”, in relation to proceedings, means the following types of services— (a) providing advice as to how the law applies in the particular circumstances, (b) providing advice and assistance in relation to the proceedings, (c) providing other advice and assistance in relation to the settlement or other resolution of the dispute that is the subject of the proceedings, and (d) providing advice and assistance in relation to the enforcement of decisions in the proceedings or as part of the settlement or resolution of the dispute, and they include, in particular, advice and assistance in the form of representation and any form of dispute resolution, including mediation. (11) In subsections (5) and (6) “specified” means specified in the order concerned. ]
Textual Amendments
F94 S. 22ZA inserted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 49(2) , 151(1); S.I. 2013/773, art. 2 [F9522ZBMatters 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 resources which each of the applicant and the paying party has or is likely to have in the foreseeable future, (b) the financial needs, obligations and responsibilities which each of the applicant and the paying party has or is likely to have in the foreseeable future, (c) the subject matter of the proceedings, including the matters in issue in them, (d) whether the paying party is legally represented in the proceedings, (e) any steps taken by the applicant to avoid all or part of the proceedings, whether by proposing or considering mediation or otherwise, (f) the applicant's conduct in relation to the proceedings, (g) any amount owed by the applicant to the paying party in respect of costs in the proceedings or other proceedings to which both the applicant and the paying party are or were party, and (h) the effect of the order or variation on the paying party. (2) In subsection (1)(a) “earning capacity”, in relation to the applicant or the paying party, includes any increase in earning capacity which, in the opinion of the court, it would be reasonable to expect the applicant or the paying party to take steps to acquire. (3) For the purposes of subsection (1)(h), the court must have regard, in particular, to whether the making or variation of the order is likely to— (a) cause undue hardship to the paying party, or
Part II – Financial Relief for Parties to Marriage and Children of Family Document Generated: 2022-06- Changes to legislation: Matrimonial Causes Act 1973 is up to date with all changes known to be in force on or before 06 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (b) prevent the paying party from obtaining legal services for the purposes of the proceedings. (4) The Lord Chancellor may by order amend this section by adding to, omitting or varying the matters mentioned in subsections (1) to (3). (5) An order under subsection (4) must be made by statutory instrument. (6) A statutory instrument containing an order under subsection (4) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. (7) In this section “legal services” has the same meaning as in section 22ZA. ]
Textual Amendments
F95 S. 22ZB inserted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 50 , 151(1); S.I. 2013/773, art. 2 23 Financial provision orders in connection with divorce proceedings, etc. (1) [F96 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 nullity of marriage order, before or after the order is made final), ] the court may make any one or more of the following orders, that is to say— (a) an order that either party to the marriage shall make to the other such periodical payments, for such term, as may be specified in the order; (b) an order that either party to the marriage shall secure to the other to the satisfaction of the court such periodical payments, for such term, as may be so specified; (c) an order that either party to the marriage shall pay to the other such lump sum or sums as may be so specified; (d) an order that a party to the marriage shall make to such person as may be specified in the order for the benefit of a child of the family, or to such a child, such periodical payments, for such term, as may be so specified; (e) an order that a party to the marriage shall secure to such person as may be so specified for the benefit of such a child, or to such a child, to the satisfaction of the court, such periodical payments, for such term, as may be so specified; (f) an order that a party to the marriage shall pay to such person as may be so specified for the benefit of such a child, or to such a child, such lump sum as may be so specified; subject, however, in the case of an order under paragraph (d), (e) or (f) above, to the restrictions imposed by section 29(1) and (3) below on the making of financial provision orders in favour of children who have attained the age of eighteen. (2) The court may also, subject to those restrictions, make any one or more of the orders mentioned in subsection (1)(d), (e) and (f) above— (a) in any proceedings for divorce, nullity of marriage or judicial separation, before [F97 making a divorce order, nullity of marriage order or judicial separation order (as the case may be); ] and (b) where any such proceedings are dismissed after the beginning of the trial, either forthwith or within a reasonable period after the dismissal.
