OpenLegislation

Paragraph 1

(1)

Where at the coming into force of section 1 of this Act—

(a)

leave has been granted under section 3 of the M1Matrimonial Causes Act 1973 for the presentation of a petition for divorce or proceedings on an application for leave under that section are pending, and

(b)

the period of one year from the date of the marriage has not expired.

nothing in section 1 of this Act shall prohibit the presentation of a petition for divorce before the expiration of that period; and in relation to such a case sections 1(4) and 3 of that Act of 1973 as in force immediately before the coming into force of section 1 of this Act shall continue to apply.

(2)

Where at the coming into force of section 1 of this Act—

(a)

proceedings on an application for leave under section 3 of the Matrimonial Causes Act 1973 are pending, and

(b)

the period of one year from the date of the marriage has expired,

the proceedings shall abate but without prejudice to the powers of the court as to costs.

Annotations

Marginal citations

M1

1973 c. 18.