Financial protection before final divorce MCA 1973 s. 10
Prevents a conditional divorce order from being made final until the court considers financial provision for the respondent under subsection 3.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The following provisions of this section apply where— on an application for a divorce order a conditional order has been made and— the conditional order is in favour of one party to a marriage, or the conditional order is in favour of both parties to a marriage but one of the parties has since withdrawn from the application, and the respondent has applied to the court for consideration under subsection (3) of their financial position after the divorce. 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— that the applicant should not be required to make any financial provision for the respondent, or 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. In making a determination under subsection (3) the court must consider all the circumstances including— the age, health, conduct, earning capacity, financial resources and financial obligations of each of the parties to the marriage, and 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. The court may if it thinks fit makes the divorce order final notwithstanding the requirements of subsection (3) above if— it appears that there are circumstances making it desirable that the order should be made final without delay, and 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.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This provision gives a respondent in divorce proceedings a mechanism to delay the final divorce order until financial arrangements are addressed. Where a conditional order has been granted, the respondent may apply under subsection 3 for the court to consider their financial position before the divorce becomes final.
The court must not make the divorce order final unless it is satisfied that the applicant should not be required to make financial provision, or that the financial provision made is reasonable and fair, or the best possible under the circumstances. In making this determination, the court reviews all relevant factors, including both parties' age, health, conduct, earning capacity, financial obligations, and the respondent's financial position if the applicant dies first.
An exception exists where there are urgent circumstances making it desirable to finalize the divorce without delay. In such cases, the court may make the order final if the applicant provides a satisfactory undertaking to supply court-approved financial provision.
When it applies
- A respondent asks the court to withhold making a divorce order final until their financial maintenance and property rights are settled.
- A respondent seeks financial protection regarding potential loss of pension rights or support should the applicant die first.
- An applicant requests that a divorce order be finalized urgently by giving an undertaking to make court-approved financial provisions later.
What this section does not say
- Establishing the initial grounds for a divorce breakdown, which is governed by MCA 1973 s. 1.
- Preventing a divorce order from being made final on religious grounds, which is covered by MCA 1973 s. 10a.
- Nullity of marriage orders and annulments, which are governed by MCA 1973 s. 11 and MCA 1973 s. 12.
That's the law. Now let's settle your problem.
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
Or open a session directly and invite the other party.
We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.
This page reproduces the text of MCA 1973 s. 10 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.