Religious divorce dissolution delay: MCA 1973 s. 10A
Court can delay divorce order for religious marriage until both parties declare religious dissolution steps taken. Applies to Jewish or prescribed usages.
10A This section applies if a divorce order has been made but not made final and the parties to the marriage concerned— were married in accordance with— the usages of the Jews, or any other prescribed religious usages; and must co-operate if the marriage is to be dissolved in accordance with those usages. On the application of either party, the court may order that a divorce order is not to be made final until a declaration made by both parties that they have taken such steps as are required to dissolve the marriage in accordance with those usages is produced to the court. An order under subsection (2)— may be made only if the court is satisfied that in all the circumstances of the case it is just and reasonable to do so; and may be revoked at any time. A declaration of a kind mentioned in subsection (2)— must be in a specified form; must, in specified cases, be accompanied by such documents as may be specified; and must, in specified cases, satisfy such other requirements as may be specified. The validity of a divorce order made by reference to such a declaration is not to be affected by any inaccuracy in that declaration. “ Prescribed ” means prescribed in an order made by the Lord Chancellor after consulting the Lord Chief Justice and such an order— must be made by statutory instrument; shall be subject to annulment in pursuance of a resolution of either House of Parliament. “ Specified ” means specified in rules of court. The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
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 section applies when a divorce order has been granted but not yet made final, and the marriage was under Jewish or other prescribed religious usages that require both parties to cooperate to dissolve the marriage according to those usages.
Either party can ask the court to order that the divorce order not be made final until a joint declaration is produced, stating that both have taken the required steps to dissolve the marriage under those religious usages. The court may make such an order only if it is just and reasonable in all the circumstances, and it can revoke the order at any time.
The declaration must be in a form specified by rules of court, and may need to be accompanied by documents or meet other requirements. Importantly, even if the declaration is inaccurate, it does not affect the validity of the divorce order. The term "prescribed" means set out in an order made by the Lord Chancellor, and "specified" means set out in rules of court.
When it applies
- A Jewish couple have a civil divorce order but not final; the husband refuses to give a Get (religious divorce) until the wife agrees to certain financial terms.
- A Muslim couple married under Islamic law need a talaq or khula to complete the religious divorce, and one spouse applies to delay the civil finalisation until that is done.
- A couple married under Hindu rites where religious dissolution requires a ceremony, and the court is asked to delay the civil divorce order finalisation until the ceremony is performed.
- One spouse in a Jewish marriage has already obtained a Get, but the other spouse has not yet complied, and the court orders a delay to ensure both take steps.
- A couple where both agree to a religious divorce but need time to complete the formalities, and they jointly ask the court to delay the civil finalisation.
What this section does not say
- This provision does not allow the court to force either party to actually perform the religious divorce; it only delays the civil divorce finalisation until a declaration is produced.
- It does not apply to marriages that are not under Jewish or other prescribed religious usages, such as civil marriages or non-prescribed religious ceremonies.
- It does not affect the validity of the divorce order if the declaration is inaccurate; the provision explicitly states that any inaccuracy does not affect validity.
- It does not govern the rules for the religious divorce itself; those are separate matters under religious law or custom.
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This page reproduces the text of MCA 1973 s. 10A 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.