Matrimonial Causes Act 1973

[F1 10A Proceedings [F2 before divorce order has been made final]: religious marriage E+W

(1) This section applies if a [F3 divorce order has been made] but not made [F4 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 [F5 divorce order] is not to be made [F6 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 [F7 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 [F8 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.

[F9 (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

F1 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

F2 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

F3 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

F4 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

F5 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

F6 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

F7 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

F8 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)

F9 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)