Repealed breakdown facts rules MCA 1973 s. 2
Section 2 of the Matrimonial Causes Act 1973 dealt with breakdown facts and cohabitation. This section has been repealed and no longer has effect.
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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
Section 2 of the Matrimonial Causes Act 1973 previously contained supplemental provisions concerning the facts used to show irretrievable breakdown of a marriage.
This provision has been repealed in full and no longer forms part of active law. Historical rules regarding cohabitation, adultery, or separation periods under this section no longer apply to divorce proceedings.
When it applies
- A spouse claiming that post-adultery cohabitation prevents relying on that adultery for divorce.
- Spouses attempting reconciliation while continuing to reside in the same household.
- Determining whether two spouses living under one roof count as living apart for separation requirements.
What this section does not say
- Filing a modern no-fault divorce application, which does not require proving fault or separation facts.
- Establishing grounds for nullity of marriage.
- Applying for financial provision or property adjustment orders in divorce proceedings.
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This page reproduces the text of MCA 1973 s. 2 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.