OpenLegislation

Matrimonial Causes Act 1973

1973 c. 18 · Enacted 23 May 1973 · Extends to United Kingdom

Not fully up to date. 2 changes made by later legislation have not yet been written into this text, which is revised to 2 August 2024.

See the changes not yet applied
ProvisionChangeMade by
s. 31extendedFamily Law Act 1996 Sch. 9 para. 6(1)
s. 31(7)-(7F)extendedFamily Law Act 1996 Sch. 9 para. 6(2)

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]I1

Annotations to the whole text

Commencement

I1

Act not in force at Royal Assent, see s. 55(2); Act wholly in force at 1.1.1974

Contents

  1. Part I: Divorce, Nullity and Other Matrimonial Suits
  2. Divorce
  3. 1Divorce on breakdown of marriage.
  4. 2Supplemental provisions as to facts raising presumption of breakdown. Repealed
  5. 3Bar on applying for a divorce order within one year of marriage.
  6. 4Divorce not precluded by previous judicial separation. Repealed
  7. 5Refusal of decree in five year separation cases on grounds of grave hardship to respondent. Repealed
  8. 6Attempts at reconciliation of parties to marriage.
  9. 7Consideration by the court of certain agreements or arrangements.
  10. 8Intervention of Queen’s Proctor.
  11. 9Proceedings before divorce order has been made final: general powers of court.
  12. 10Proceedings before divorce order made final: special protection for respondent.
  13. 10AProceedings before divorce order has been made final: religious marriage
  14. Nullity
  15. 11Grounds on which a marriage is void.
  16. 12Grounds on which a marriage is voidable.
  17. 12AGrounds on which a marriage converted from a civil partnership is void or voidable
  18. 12BThe period before nullity of marriage orders may be made final
  19. 13Bars to relief where marriage is voidable.
  20. 14Marriages governed by foreign law or celebrated abroad under English law.
  21. 15Application of sections 8 and 9 to proceedings for a nullity of marriage order
  22. 16Effect of annulment in case of voidable marriage.
  23. Other matrimonial suits
  24. 17Judicial separation.
  25. 18Effects of judicial separation.
  26. 19Presumption of death and dissolution of marriage. Repealed
  27. ...
  28. 20Relief for respondent in divorce proceedings. Repealed
  29. Part II: Financial Relief for Parties to Marriage and Children of Family
  30. Financial provision and property adjustment orders
  31. 21Financial provision and property adjustment orders.
  32. 21APension sharing orders.
  33. 21BPension compensation sharing orders
  34. 21CPension compensation: interpretation
  35. Ancillary relief in connection with divorce proceedings, etc.
  36. 22Maintenance pending suit.
  37. 22ZAOrders for payment in respect of legal services
  38. 22ZBMatters to which court is to have regard in deciding how to exercise power under section 22ZA
  39. 23Financial provision orders in connection with divorce proceedings, etc.
  40. 24Property adjustment orders in connection with divorce proceedings, etc.
  41. 24AOrders for sale of property
  42. 24BPension sharing orders in connection with divorce proceedings etc.
  43. 24CPension sharing orders: duty to stay.
  44. 24DPension sharing orders: apportionment of charges.
  45. 24EPension compensation sharing orders in connection with divorce proceedings
  46. 24FPension compensation sharing orders: duty to stay
  47. 24GPension compensation sharing orders: apportionment of charges
  48. 25Matters to which court is to have regard in deciding how to exercise its powers under ss. 23, 24 , 24A, 24B and 24E.
  49. 25AExercise of court’s powers in favour of party to marriage on divorce or nullity of marriage order.
  50. 25BPensions.
  51. 25CPensions: lump sums.
  52. 25DPensions: supplementary.
  53. 25EThe Pension Protection Fund
  54. 25FAttachment of pension compensation
  55. 25GPension compensation: supplementary
  56. 26Commencement of proceedings for ancillary relief, etc.
  57. Financial provision in case of neglect to maintain
  58. 27Financial provision orders, etc., in case of neglect by party to marriage to maintain other party or child of the family.
  59. Additional provisions with respect to financial provision and property adjustment orders
  60. 28Duration of continuing financial provision orders in favour of party to marriage, and effect of remarriage or formation of civil partnership.
  61. 29Duration of continuing financial provision orders in favour of children, and age limit on making certain orders in their favour.
  62. 30Direction for settlement of instrument for securing payments or effecting property adjustment.
  63. Variation, discharge and enforcement of certain orders, etc.
  64. 31Variation, discharge, etc., of certain orders for financial relief.
  65. 32Payment of certain arrears unenforceable without the leave of the court.
  66. 33Orders for repayment in certain cases of sums paid under certain orders.
  67. Consent orders
  68. 33AConsent orders for financial provision or property adjustment.
  69. Maintenance agreements
  70. 34Validity of maintenance agreements.
  71. 35Alteration of agreements by court during lives of parties.
  72. 36Alteration of agreements by court after death of one party.
  73. Miscellaneous and supplemental
  74. 37Avoidance of transactions intended to prevent or reduce financial relief.
  75. 38Orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage or formation of civil partnership.
  76. 39Settlement, etc. made in compliance with a property adjustment order may be avoided on bankruptcy of settlor.
  77. 40Payments, etc., under order made in favour of person suffering from mental disorder.
  78. 40AAppeals relating to pension sharing orders which have taken effect.
  79. Part III: Protection, Custody, etc., of Children
  80. 41Restrictions on decrees for dissolution, annulment or separation affecting children. Repealed
  81. 42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  82. 43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  83. 44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  84. Part IV: Miscellaneous and Supplemental
  85. 45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  86. 46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  87. 47Matrimonial relief and declarations of validity in respect of polygamous marriages.
  88. 48Evidence.
  89. 49Parties to proceedings under this Act.
  90. 50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  91. 51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  92. 52Interpretation.
  93. 52AInterpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders
  94. 53Transitional provisions and savings.
  95. 54Consequential amendments and repeals.
  96. 55Citation, commencement and extent.
  97. Schedule 1: Transitional Provisions and Savings
  98. Part I: Miscellaneous and General
  99. General transitional provisions and savings
  100. 1Paragraph 1
  101. 2Paragraph 2
  102. 3Paragraph 3
  103. 4Paragraph 4
  104. 5Paragraph 5
  105. 6Paragraph 6
  106. 7Paragraph 7
  107. Transitional provisions derived from the Act of 1965
  108. 8Paragraph 8 Repealed
  109. 9Paragraph 9
  110. 10Paragraph 10
  111. Part II: Preservation for limited Purposes of certain Provisions of previous Enactments
  112. Nullity
  113. 11Paragraph 11
  114. 12Paragraph 12
  115. Succession on intestacy in case of judicial separation
  116. 13Paragraph 13
  117. Validation of certain void or voidable decrees
  118. 14Paragraph 14
  119. Part III: Assimilation in certain respects to Orders under this Act of Orders made, etc., under the Act of 1965, etc.
  120. Cesser on remarriage of orders made, etc., under the Act of 1965 and recovery of sums mistakenly paid thereafter
  121. 15Paragraph 15
  122. 16Paragraph 16
  123. Variation, etc., of certain orders made, etc., under the Act of 1965
  124. 17Paragraph 17
  125. 18Paragraph 18
  126. 19Paragraph 19
  127. Orders made under the Act of 1965 to count as orders under this Act for certain purposes
  128. 20Paragraph 20
  129. 21Paragraph 21
  130. 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
  131. 22Paragraph 22
  132. 23Paragraph 23
  133. Avoidance under this Act of transactions intended to defeat claims for relief and relief granted under the Act of 1965
  134. 24Paragraph 24
  135. Care and supervision of children
  136. 25Paragraph 25
  137. 26Paragraph 26
  138. Schedule 2: Consequential Amendments
  139. 1Paragraph 1 Repealed
  140. 2Paragraph 2
  141. 3Paragraph 3
  142. 4Paragraph 4
  143. 5Paragraph 5
  144. 6Paragraph 6 Repealed
  145. 7Paragraph 7
  146. 8Paragraph 8
  147. 9Paragraph 9 Repealed
  148. 10Paragraph 10
  149. 11Paragraph 11 Repealed
  150. 12Paragraph 12 Repealed
  151. 13Paragraph 13
  152. Schedule 3Schedule 3