Matrimonial Causes Act 1973

Summarize Timeline Fact Check

The act contains four parts:

1. Divorce, Nullity and Other Matrimonial Suits
2. Financial Relief for Parties to Marriage and Children of Family
3. Protection, Custody, etc., of Children
4. Miscellaneous and Supplemental

Section 1 sets out the grounds that must be demonstrated before a divorce can be granted. These five grounds were adultery, behaving "in such a way that the petitioner cannot reasonably be expected to live", desertion for two years, two years of separation with the consent of the parties, or five years of separation. Following the decision of the Supreme Court of the United Kingdom in Owens v Owens, Parliament passed the Divorce, Dissolution and Separation Act 2020, which has removed these conditions.^[1][2][3]

Section 13 provides for certain restrictions in regard to the possibility of annulling voidable marriages, including where the petitioner knew of the "defect" and of the possibility of annulment, but induced the respondent to believe that s/he would not seek an annulment; or where it would be "unjust" to the respondent to grant the decree of nullity. There is usually a time limit of three years from the date of the marriage in order to institute the proceedings.^[3]

Under section 24(1), when granting a divorce, decree of nullity of marriage or judicial separation the court can order (subject to restrictions in ss 29(1) and (3) relating to children of the age of majority other than those still in school or in other special circumstances):^[3]

(a) the transfer of property between the parties, or to a child, or for the benefit of a child

(b) the settlement of property for the partner and children

(c) the variation of any ante-nuptial or post-nuptial settlement other than a pension

(d) the extinguishment or reduction of the interest of the parties to any settlement other than a pension

Under s. 24(2), the court can make an order under s. 24(1)(c) even if there are no children, and under s. 24(3) orders and settlements take effect only when the divorce or nullity of marriage is made absolute.^[3]

Repealed enactments

Section 54(1)(b) of the act repealed 14 enactments, listed in schedule 3 to the act.^[3]

More information Citation, Short title ...

Citation	Short title	Extent of repeal
1965 c. 72	Matrimonial Causes Act 1965	The whole act, except: section 8(2); sections 26 to 28A and section 25(4) and (5) as applied by section 28(2); section 42; in section 43(1) the words from "but a husband" to the end of the subsection; in section 46, subsection (1) and in subsection (4) the words from "this Act does not" to the end of the subsection.
1967 c. 56	Matrimonial Causes Act 1967	Sections 7 and 8.
1967 c. 80	Criminal Justice Act 1967	In Part I of Schedule 3, the entry relating to section 36(6) of the Matrimonial Causes Act 1965.
1968 c. 63	Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968	Sections 2(2) and 3(4).
1969 c. 55	Divorce Reform Act 1969	The whole act.
1970 c. 31	Administration of Justice Act 1970	In Schedule 1, the paragraphs relating respectively to proceedings for a declaration, to proceedings under section 17 of the Married Women's Property Act 1882, and to proceedings under section 1 of the Matrimonial Homes Act 1967.
		In Schedule 2, paragraph 27.
1970 c. 33	Law Reform (Miscellaneous Provisions) Act 1970	Section 4.
1970 c. 42	Local Authority Social Services Act 1970	In Schedule 1, the entry relating to section 37 of the Matrimonial Causes Act 1965.
1970 c. 45	Matrimonial Proceedings and Property Act 1970	The whole of Part I.
		Sections 34, 35, 40, 41 and 42.
		In section 43, subsection (2) and, in subsection (4), the words from the beginning to "of this Act".
		The Schedules.
1971 c. 3	Guardianship of Minors Act 1971	In Schedule 1, in the entry relating to section 16(2) of the Maintenance Orders Act 1950, the words from "and" to "1971'".
1971 c. 23	Courts Act 1971	Section 45(7).
		In Schedule 8, paragraph 47.
1971 c. 44	Nullity of Marriage Act 1971	The whole act.
1972 c. 38	Matrimonial Proceedings (Polygamous Marriages) Act 1972	Sections 1 and 4.
1972 c. 70	Local Government Act 1972	In Schedule 23, paragraph 13.

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