Matrimonial Causes Act 1973

Part I Divorce, Nullity and Other Matrimonial Suits

1Divorce on breakdown of marriage.

2 Supplemental provisions as to facts raising presumption of breakdown.

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

4 Divorce not precluded by previous judicial separation.

5Refusal of decree in five year separation cases on grounds of grave hardship to respondent.

6Attempts at reconciliation of parties to marriage.

7 Consideration by the court of certain agreements or arrangements.

8 Intervention of Queen’s Proctor.

9Proceedings before divorce order has been made final: general powers of court.

10Proceedings before divorce order made final: special protection for respondent.

10A Proceedings before divorce order has been made final: religious marriage

11Grounds on which a marriage is void.

12 Grounds on which a marriage is voidable.

12AGrounds on which a marriage converted from a civil partnership is void or voidable

12BThe period before nullity of marriage orders may be made final

13 Bars to relief where marriage is voidable.

14 Marriages governed by foreign law or celebrated abroad under English law.

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

16 Effect of annulment in case of voidable marriage.

Other matrimonial suits

17 Judicial separation.

18 Effects of judicial separation.

19 Presumption of death and dissolution of marriage.

20 Relief for respondent in divorce proceedings.

Part II Financial Relief for Parties to Marriage and Children of Family

Financial provision and property adjustment orders

21 Financial provision and property adjustment orders.

21A Pension sharing orders.

21BPension compensation sharing orders

21CPension compensation: interpretation

Ancillary relief in connection with divorce proceedings, etc.

22 Maintenance pending suit.

22ZAOrders for payment in respect of legal services

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

23 Financial provision orders in connection with divorce proceedings, etc.

24 Property adjustment orders in connection with divorce proceedings, etc.

24A Orders for sale of property

24B Pension sharing orders in connection with divorce proceedings etc.

24C Pension sharing orders: duty to stay.

24D Pension sharing orders: apportionment of charges.

24EPension compensation sharing orders in connection with divorce proceedings

24FPension compensation sharing orders: duty to stay

24GPension compensation sharing orders: apportionment of charges

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

25A Exercise of court’s powers in favour of party to marriage on divorce or nullity of marriage order.

25C Pensions: lump sums.

25D Pensions: supplementary.

25EThe Pension Protection Fund

25FAttachment of pension compensation

25GPension compensation: supplementary

26 Commencement of proceedings for ancillary relief, etc.

Financial provision in case of neglect to maintain

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

Additional provisions with respect to financial provision and property adjustment orders

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

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

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

Variation, discharge and enforcement of certain orders, etc.

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

32 Payment of certain arrears unenforceable without the leave of the court.

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

33A Consent orders for financial provision or property adjustment.

Maintenance agreements

34 Validity of maintenance agreements.

35 Alteration of agreements by court during lives of parties.

36 Alteration of agreements by court after death of one party.

Miscellaneous and supplemental

37 Avoidance of transactions intended to prevent or reduce financial relief.

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

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

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

40A Appeals relating to pension sharing orders which have taken effect.

40BAppeals relating to pension compensation sharing orders which have taken effect

Part III Protection, Custody, etc., of Children

41 Restrictions on decrees for dissolution, annulment or separation affecting children.

42 Orders for custody and education of children in cases of divorce, etc., and for custody in cases of neglect.

43 Power to commit children to care of local authority.

44 Power to provide for supervision of children.

Part IV Miscellaneous and Supplemental

45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

47 Matrimonial relief and declarations of validity in respect of polygamous marriages.

49 Parties to proceedings under this Act.

50 Matrimonial causes rules.

51 Fees in matrimonial proceedings.

52 Interpretation.

52AInterpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders

53 Transitional provisions and savings.

54 Consequential amendments and repeals.

55 Citation, commencement and extent.

SCHEDULE 1 Transitional Provisions and Savings

Part I Miscellaneous and General

General transitional provisions and savings

1Without prejudice to the provisions of sections 16(1) and 17(2)(a)...

2Without prejudice to paragraph 1 above, but subject to paragraph...

3Nothing in Part I of this Act shall apply in...

4Notwithstanding any repeal or amendment made by this Act, the...

5Nothing in any repeal made by this Act shall affect...

6Nothing in sections 11 to 14 or 16 of this...

7Nothing in section 50(1)(a) or (c) above affects—

Transitional provisions derived from the Act of 1965

8Any agreement between the petitioner and the respondent to live...

9Where the party chargeable under a maintenance agreement within the...

10No right or liability shall attach by virtue of section...

Part II Preservation for limited Purposes of certain Provisions of previous Enactments

11(1) Subject to sub-paragraphs (2) and (3) below, a marriage...

12Where a decree of nullity was granted on or before...

Succession on intestacy in case of judicial separation

13Section 18(2) above shall not apply in a case where...

Validation of certain void or voidable decrees

14Any decree of divorce, nullity of marriage or judicial separation...

Part III Assimilation in certain respects to Orders under this Act of Orders made, etc., under the Act of 1965, etc.

Cesser on remarriage of orders made, etc., under the Act of 1965 and recovery of sums mistakenly paid thereafter

15(1) An order made, or deemed to have been made,...

16Section 38 above shall apply in relation to an order...

Variation, etc., of certain orders made, etc., under the Act of 1965

17(1) Subject to the provisions of this paragraph, section 31...

18(1) Subsections (1) and (3) of section 31 above shall...

19Section 42(7) above shall apply in relation to an order...

Orders made under the Act of 1965 to count as orders under this Act for certain purposes

20The power of the court under section 23(1) or (2)(a)...

21Where the court has made an order under section 22...

Application of provisions of this Act with respect to enforcement of arrears and recovery of excessive payments to certain orders made, etc., under the Act of 1965

22Section 32 above shall apply in relation to the enforcement,...

23Section 33 above shall apply to an order (other than...

Avoidance under this Act of transactions intended to defeat claims for relief and relief granted under the Act of 1965

24(1) Section 37 above shall apply in relation to proceedings...

Care and supervision of children

25(1) Sections 43 and 44 above shall apply where the...

26Section 44(4) above shall apply in relation to the jurisdiction...

SCHEDULE 2 Consequential Amendments

1. . . . . . . . . ....

2In section 2(1) of the Limitation (Enemies and War Prisoners)...

3(1) In section 16 of the Maintenance Orders Act 1950...

4In section 109(2) of the County Courts Act 1959 (proceedings...

5(1) . . . . . . . . ....

6. . . . . . . . . ....

7(1) In subsection (1) of section 2 of the Domestic...

8In section 7 of the Family Law Reform Act 1969...

9. . . . . . . . . ....

10(1) . . . . . . . . ....

11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12. . . . . . . . . ....

13In Schedule 1 to the Attachment of Earnings Act 1971...

Royal arms

Matrimonial Causes Act 1973

1973 CHAPTER 18

F1An 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]