Relief for respondent in divorce, MCA 1973 s.20
MCA 1973 s.20 allows a respondent in divorce or nullity proceedings to apply for financial relief under s.23 and s.24 without petitioning, after decree.
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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
If a spouse (the petitioner) starts divorce or nullity proceedings and is granted a decree, the other spouse (the respondent) can apply to the court for financial provision and property adjustment orders—the same orders available to the petitioner under sections 23 and 24 of this Act.
This right exists even if the respondent did not apply for those orders earlier, and even if the court had previously refused to make such orders on the petitioner's application. The respondent does not need to start their own proceedings; they can act after the decree.
The orders the court can make under sections 23 and 24 include maintenance payments, lump sums, transfer of property, settlement of property, and pensions adjustments. Section 20 simply enables the respondent to seek them.
When it applies
- A wife whose husband filed for divorce and was granted a decree now wants the court to order the husband to pay her monthly maintenance.
- A husband whose wife petitioned for nullity and obtained a decree now applies for a property adjustment order to transfer the family home into his name.
- A respondent who did not apply for financial relief during the divorce proceedings later realises they need a lump sum to cover debts, and uses s.20 to make a late application.
- A petitioner's application for a pension sharing order was refused, but the respondent later applies under s.20 for the same order.
- A respondent in a nullity case applies for financial provision even though the marriage is annulled, relying on s.20.
What this section does not say
- This section does not apply to judicial separation proceedings (which are governed by s.17 and s.18).
- It does not allow a petitioner to apply for relief after a decree; the petitioner's rights are under s.23 and s.24 directly.
- It does not give the court power to make orders without any application; the respondent must actually apply (though the court can make orders on its own initiative in some other sections).
- It does not cover maintenance pending suit (s.22) or pension sharing orders (s.21a) directly; those are separate sections but can be part of the orders made under s.23 and s.24.
Related sections
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This page reproduces the text of MCA 1973 s. 20 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.