Matrimonial Causes Act 1973
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Divorce on breakdown of marriage.
Divorce on breakdown of marriage. 1 1 Subject to section 3, either or both parties to a marriage may apply to the court for an order (a “divorce order”) which dissolves the marriage on the ground…
Section 2 — Supplemental provisions as to facts raising presumption of breakdown.
Supplemental provisions as to facts raising presumption of breakdown. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 3 — Bar on applying for a divorce order within one year of marriage.
Bar on applying for a divorce order within one year of marriage. 3 1 An application for a divorce order may not be made before the expiration of the period of one year from the date of the marriage.…
Section 4 — Divorce not precluded by previous judicial separation.
Divorce not precluded by previous judicial separation. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 5 — Refusal of decree in five year separation cases on grounds of grave hardship to respondent.
Refusal of decree in five year separation cases on grounds of grave hardship to respondent. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 6 — Attempts at reconciliation of parties to marriage.
Attempts at reconciliation of parties to marriage. 6 1 Provision shall be made by rules of court for requiring the legal representative acting for an applicant for a divorce order to certify whether…
Section 7 — Consideration by the court of certain agreements or arrangements.
Consideration by the court of certain agreements or arrangements. 7 Provision may be made by rules of court for enabling the parties to a marriage, or either of them, on application made when…
Section 8 — Intervention of Queen’s Proctor.
Intervention of Queen’s Proctor. 8 1 In the case of an application for a divorce order — a the court may, if it thinks fit, direct all necessary papers in the matter to be sent to the Queen’s…
Section 9 — Proceedings before divorce order has been made final : general powers of court.
Proceedings before divorce order has been made final : general powers of court. 9 1 Where a divorce order has been made but not made final , then, without prejudice to section 8 above, any person…
Section 10 — 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…
Section 10A — Proceedings before divorce order has been made final : religious marriage
Proceedings before divorce order has been made final : religious marriage 10A 1 This section applies if a divorce order has been made but not made final and the parties to the marriage concerned— a…
Section 11 — Grounds on which a marriage is void.
Grounds on which a marriage is void. 11 A marriage celebrated after 31st July 1971 , other than a marriage to which section 12A applies, shall be void on the following grounds only, that is to say— a…
Section 12 — Grounds on which a marriage is voidable.
Grounds on which a marriage is voidable. 12 1 A marriage celebrated after 31st July 1971 , other than a marriage to which section 12A applies, shall be voidable on the following grounds only, that is…
Section 12A — Grounds on which a marriage converted from a civil partnership is void or voidable
Grounds on which a marriage converted from a civil partnership is void or voidable 12A 1 This section applies to a marriage which has been converted, or is purported to have been converted, from a…
Section 12B — The period before nullity of marriage orders may be made final
The period before nullity of marriage orders may be made final 12B 1 An order that annuls a marriage which is void or voidable (a “nullity of marriage order”)— a is, in the first instance, a…
Section 13 — Bars to relief where marriage is voidable.
Bars to relief where marriage is voidable. 13 1 The court shall not make a nullity of marriage order on the ground that a marriage is voidable if the respondent satisfies the court— a that the…
Section 14 — Marriages governed by foreign law or celebrated abroad under English law.
Marriages governed by foreign law or celebrated abroad under English law. 14 1 Subject to subsection (3) where, apart from this Act, any matter affecting the validity of a marriage would fall to be…
Section 15 — Application of sections 8 and 9 to proceedings for a nullity of marriage order
Application of sections 8 and 9 to proceedings for a nullity of marriage order 15 Section 8 (intervention of Queen's Proctor) and section 9 (proceedings before divorce order has been made final:…
Section 16 — Effect of annulment in case of voidable marriage.
Effect of annulment in case of voidable marriage. 16 1 A nullity of marriage order granted in respect of a voidable marriage shall operate to annul the marriage only as respects any time after the…
Section 17 — Judicial separation.
Judicial separation. 17 1 Either or both parties to a marriage may apply to the court for an order (a “judicial separation order”) which provides for the separation of the parties to the marriage. 1A…
Section 18 — Effects of judicial separation.
Effects of judicial separation. 18 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 If while a decree of judicial separation or judicial separation order is in force and the…
Section 19 — Presumption of death and dissolution of marriage.
Presumption of death and dissolution of marriage. 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 20 — Relief for respondent in divorce proceedings.
Relief for respondent in divorce proceedings. 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 21 — Financial provision and property adjustment orders.
Financial provision and property adjustment orders. 21 1 The financial provision orders for the purposes of this Act are the orders for periodical or lump sum provision available (subject to the…
Section 21A — Pension sharing orders.
Pension sharing orders. 21A 1 For the purposes of this Act, a pension sharing order is an order which— a provides that one party’s— i shareable rights under a specified pension arrangement, or ii…
Section 21B — Pension compensation sharing orders
Pension compensation sharing orders 21B 1 For the purposes of this Act, a pension compensation sharing order is an order which— a provides that one party's shareable rights to PPF compensation that…
Section 21C — Pension compensation: interpretation
Pension compensation: interpretation 21C In this Part— “ PPF compensation ” means compensation payable under the pension compensation provisions; “ the pension compensation provisions ” means—…
Section 22 — Maintenance pending suit.
Maintenance pending suit. 22 1 On an application for a divorce, nullity of marriage or judicial separation order, the court may make an order for maintenance pending suit, that is to say, an order…
Section 22ZA — Orders for payment in respect of legal services
Orders for payment in respect of legal services 22ZA 1 In proceedings for divorce, nullity of marriage or judicial separation, the court may make an order or orders requiring one party to the…
Section 22ZB — Matters to which court is to have regard in deciding how to exercise power under section 22ZA
Matters to which court is to have regard in deciding how to exercise power under section 22ZA 22ZB 1 When considering whether to make or vary an order under section 22ZA, the court must have regard…
Section 23 — Financial provision orders in connection with divorce proceedings, etc.
Financial provision orders in connection with divorce proceedings, etc. 23 1 On making a divorce, nullity of marriage or judicial separation order or at any time after making such an order (whether,…
Section 24 — Property adjustment orders in connection with divorce proceedings, etc.
Property adjustment orders in connection with divorce proceedings, etc. 24 1 On making a divorce, nullity of marriage or judicial separation order or at any time after making such an order (whether,…
Section 24A — Orders for sale of property
Orders for sale of property 24A 1 Where the court makes an order under section 22ZA or makes under section 23 or 24 of this Act a secured periodical payments order, an order for the payment of a lump…
Section 24B — Pension sharing orders in connection with divorce proceedings etc.
Pension sharing orders in connection with divorce proceedings etc. 24B 1 On making a divorce or nullity of marriage order or at any time after making such an order (whether before or after the order…
Section 24C — Pension sharing orders: duty to stay.
Pension sharing orders: duty to stay. 24C 1 No pension sharing order may be made so as to take effect before the end of such period after the making of the order as may be prescribed by regulations…
Section 24D — Pension sharing orders: apportionment of charges.
Pension sharing orders: apportionment of charges. 24D If a pension sharing order relates to rights under a pension arrangement, the court may include in the order provision about the apportionment…
Section 24E — Pension compensation sharing orders in connection with divorce proceedings
Pension compensation sharing orders in connection with divorce proceedings 24E 1 On making a divorce or nullity of marriage order or at any time after making such an order (whether before or after…
Section 24F — Pension compensation sharing orders: duty to stay
Pension compensation sharing orders: duty to stay 24F 1 No pension compensation sharing order may be made so as to take effect before the end of such period after the making of the order as may be…
Section 24G — Pension compensation sharing orders: apportionment of charges
Pension compensation sharing orders: apportionment of charges 24G The court may include in a pension compensation sharing order provision about the apportionment between the parties of any charge…
Section 25 — Matters to which court is to have regard in deciding how to exercise its powers under ss. 23, 24 , 24A, 24B and 24E .
Matters to which court is to have regard in deciding how to exercise its powers under ss. 23, 24 , 24A, 24B and 24E . 25 1 It shall be the duty of the court in deciding whether to exercise its powers…
Section 25A — Exercise of court’s powers in favour of party to marriage on divorce or nullity of marriage order .
Exercise of court’s powers in favour of party to marriage on divorce or nullity of marriage order . 25A 1 Where on or after the making of a divorce or nullity of marriage order the court decides to…
Section 25B — Pensions.
Pensions. 25B 1 The matters to which the court is to have regard under section 25(2) above include— a in the case of paragraph (a), any benefits under a pension arrangement which a party to the…
Section 25C — Pensions: lump sums.
Pensions: lump sums. 25C 1 The power of the court under section 23 above to order a party to a marriage to pay a lump sum to the other party includes, where the benefits which the party with pension…
Section 25D — Pensions: supplementary.
Pensions: supplementary. 25D 1 Where— a an order made under section 23 above by virtue of section 25B or 25C above imposes any requirement on the person responsible for a pension arrangement (“ the…
Section 25E — The Pension Protection Fund
The Pension Protection Fund 25E 1 The matters to which the court is to have regard under section 25(2) include— a in the case of paragraph (a), any PPF compensation to which a party to the marriage…
Section 25F — Attachment of pension compensation
Attachment of pension compensation 25F 1 This section applies where, having regard to any PPF compensation to which a party to the marriage is or is likely to be entitled, the court determines to…
Section 25G — Pension compensation: supplementary
Pension compensation: supplementary 25G 1 The Lord Chancellor may by regulations— a make provision, in relation to any provision of section 25F which authorises the court making an order under…
Section 26 — Commencement of proceedings for ancillary relief, etc.
Commencement of proceedings for ancillary relief, etc. 26 1 Where an application for a divorce, nullity of marriage or judicial separation order has been made, then, subject to subsection (2) below,…
Section 27 — Financial provision orders, etc., in case of neglect by party to marriage to maintain other party or child of the family.
Financial provision orders, etc., in case of neglect by party to marriage to maintain other party or child of the family. 27 1 Either party to a marriage may apply to the court for an order under…
Section 28 — Duration of continuing financial provision orders in favour of party to marriage, and effect of remarriage or formation of civil partnership .
Duration of continuing financial provision orders in favour of party to marriage, and effect of remarriage or formation of civil partnership . 28 1 Subject in the case of an order made on or after…