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Revised Statute from The UK Statute Law Database

Matrimonial Causes Act 1973 (c. 18)

This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.

There are effects on this legislation that have not yet been applied to SLD for the following year: 2008. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.

Royal arms

Matrimonial Causes Act 1973

1973 CHAPTER 18

Contents

Go to Preamble

  1. Part I

    Divorce, Nullity and Other Matrimonial Suits

    1. Divorce

      1. 1.Divorce on breakdown of marriage

      2. 2. Supplemental provisions as to facts raising presumption of breakdown

      3. 3. Bar on petitions for divorce within one year of marriage

      4. 4. Divorce not precluded by previous judicial separation

      5. 5.Refusal of decree in five year separation cases on grounds of grave hardship to respondent

      6. 6.Attempts at reconciliation of parties to marriage

      7. 7. Consideration by the court of certain agreements or arrangements

      8. 8. Intervention of Queen’s Proctor

      9. 9.Proceedings after decree nisi: general powers of court

      10. 10.Proceedings after decree nisi: special protection for respondent in separation cases

      11. 10A. Proceedings after decree nisi: religious marriage

    2. Nullity

      1. 11.Grounds on which a marriage is void

      2. 12. Grounds on which a marriage is voidable

      3. 13. Bars to relief where marriage is voidable

      4. 14. Marriages governed by foreign law or celebrated abroad under English law

      5. 15. Application of ss. 1(5), 8 and 9 to nullity proceedings

      6. 15A. Intervention of Queen’s Proctor

      7. 15B. Proceedings after decree nisi: general powers of court

      8. 16. Effect of decree of nullity in case of voidable marriage

    3. Other matrimonial suits

      1. 17. Judicial separation

      2. 18. Effects of judicial separation

      3. 19. Presumption of death and dissolution of marriage

    4. General

      1. 20. Relief for respondent in divorce proceedings

  2. Part II

    Financial Relief for Parties to Marriage and Children of Family

    1. Financial provision and property adjustment orders

      1. 21. Financial provision and property adjustment orders

      2. 21A. Pension sharing orders

    2. Ancillary relief in connection with divorce proceedings, etc

      1. 22. Maintenance pending suit

      2. 22A. Financial provision orders: divorce and separation

      3. 22B. Restrictions affecting section 22A

      4. 23. Financial provision orders in connection with divorce proceedings, etc

      5. 23A. Property adjustment orders: divorce and separation

      6. 23B. Restrictions affecting section 23A

      7. 24. Property adjustment orders in connection with divorce proceedings, etc

      8. 24A. Orders for sale of property

      9. 24B.Pension sharing orders in connection with divorce proceedings etc

      10. 24BA. Restrictions affecting section 24B

      11. 24BB. Pension sharing orders: nullity of marriage

      12. 24BC. Restrictions affecting section 24BB

      13. 24C. Pension sharing orders: duty to stay

      14. 24D. Pension sharing orders: apportionment of charges

      15. 25. Matters to which court is to have regard in deciding how to exercise its powers under ss. 23, 24 and 24A

      16. 25A. Exercise of court’s powers in favour of party to marriage on decree of divorce or nullity of marriage

      17. 25B. Pensions

      18. 25C. Pensions: lump sums

      19. 25D. Pensions: supplementary

      20. 25E.The Pension Protection Fund

      21. 26. Commencement of proceedings for ancillary relief, etc

    3. Financial provision in case of neglect to maintain

      1. 27. Financial provision orders, etc., in case of neglect by party to marriage to maintain other party or child of the family

    4. Additional provisions with respect to financial provision and property adjustment orders

      1. 28. Duration of continuing financial provision orders in favour of party to marriage, and effect of remarriage or formation of civil partnership

      2. 29. Duration of continuing financial provision orders in favour of children, and age limit on making certain orders in their favour

      3. 30. Direction for settlement of instrument for securing payments or effecting property adjustment

    5. Variation, discharge and enforcement of certain orders, etc

      1. 31. Variation, discharge, etc., of certain orders for financial relief

      2. 31A. Variation etc. following reconciliations

      3. 31B. Discharge of pension sharing orders on making of separation order

      4. 32. Payment of certain arrears unenforceable without the leave of the court

      5. 33. Orders for repayment in certain cases of sums paid under certain orders

    6. Consent orders

      1. 33A. Consent orders for financial provision or property adjustment

    7. Maintenance agreements

      1. 34. Validity of maintenance agreements

      2. 35. Alteration of agreements by court during lives of parties

      3. 36. Alteration of agreements by court after death of one party

    8. Miscellaneous and supplemental

      1. 37. Avoidance of transactions intended to prevent or reduce financial relief

      2. 38. Orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage or formation of civil partnership

      3. 39. Settlement, etc. made in compliance with a property adjustment order may be avoided on bankruptcy of settlor

      4. 40. Payments, etc., under order made in favour of person suffering from mental disorder

      5. 40A. Appeals relating to pension sharing orders which have taken effect

  3. Part III

    Protection, Custody, etc., of Children

    1. 41. Restrictions on decrees for dissolution, annulment or separation affecting children

    2. 42.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    3. 43.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    4. 44.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  4. Part IV

    Miscellaneous and Supplemental

    1. 45.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    2. 46.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    3. 47. Matrimonial relief and declarations of validity in respect of polygamous marriages

    4. 48. Evidence

    5. 49. Parties to proceedings under this Act

    6. 50.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    7. 51.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    8. 52. Interpretation

    9. 53. Transitional provisions and savings

    10. 54. Consequential amendments and repeals

    11. 55. Citation, commencement and extent

  5. SCHEDULE 1

    Transitional Provisions and Savings

  6. SCHEDULE 2

    Consequential Amendments

  7. SCHEDULE 3

F1An 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]

Annotations:

Amendments (Textual)

F1Act: for the words "Supreme Court Act 1981" wherever they occur there is substituted (prosp.) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2) [Editorial Note: this amendment will be carried through into the text of the Act at the same time as any other effects on the Act for the year in which the relevant commencement order (or first such order) is made]

Commencement Information

I1Act not in force at Royal Assent, see s. 55(2); Act wholly in force at 1.1.1974

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