Section 10 — Matrimonial Causes Act 1973: Proceedings before divorce order made final: special protection for respondent .

Proceedings before divorce order made final: special protection for respondent . 10 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2 The following provisions of this section apply where—

a on an application for a divorce order a conditional order has been made and—

i the conditional order is in favour of one party to a marriage, or ii the conditional order is in favour of both parties to a marriage but one of the parties has since withdrawn from the application, and b the respondent has applied to the court for consideration under subsection (3) of their financial position after the divorce.

3 Subject to subsection (4), the court hearing an application by the respondent under subsection (2) must not make the divorce order final unless it is satisfied—

a that the applicant should not be required to make any financial provision for the respondent, or b that the financial provision made by the applicant for the respondent is reasonable and fair or the best that can be made in the circumstances. 3A In making a determination under subsection (3) the court must consider all the circumstances including—

a the age, health, conduct, earning capacity, financial resources and financial obligations of each of the parties to the marriage, and b the financial position of the respondent as, having regard to the divorce, it is likely to be after the death of the applicant should that person die first.

4 The court may if it thinks fit makes the divorce order final notwithstanding the requirements of subsection (3) above if—

a it appears that there are circumstances making it desirable that the order should be made final without delay, and b the court has obtained a satisfactory undertaking from the applicant that they will make such financial provision for the respondent as the court may approve.