Bar on divorce within one year of marriage – MCA 1973 s. 3
This provision of the Matrimonial Causes Act 1973 bars divorce applications within one year of marriage. No such application is allowed before that period ends.
An application for a divorce order may not be made before the expiration of the period of one year from the date of the marriage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 sets a strict time limit. No one can apply for a divorce order during the first year of marriage. The one-year period starts on the date the marriage was solemnised.
It does not matter how serious the reasons for divorce might be. The court cannot accept or process any application made before the anniversary of the wedding. This applies to all marriages that are subject to the law of England and Wales.
The rule is absolute. There are no exceptions, even if both spouses agree or if there has been violence or desertion. Anyone who wants a divorce must wait until the first anniversary of their marriage.
When it applies
- A couple marries in January; by June one spouse discovers the other has been unfaithful and wants to file for divorce. The application would be refused because it is within the first year.
- Two people marry and separate after three months. One spouse goes to court to start divorce proceedings before the first anniversary. The court cannot accept the application.
- A person marries in another country but now lives in England. They want a divorce under English law six months after the wedding. This provision blocks that application until a full year has passed.
- After a wedding, one spouse decides the marriage was a mistake and attempts to divorce after ten months. They must wait until the one-year mark.
- A couple marries and then one spouse becomes seriously ill; the other wants to divorce to rearrange finances quickly. The one-year bar still applies.
What this section does not say
- This provision does not prevent a couple from separating or living apart during the first year. It only bars the formal application for a divorce order.
- It does not affect applications for nullity of marriage or for dissolution of a civil partnership. Those have different rules.
- It does not stop a spouse from applying for financial relief or protective orders if there is abuse, as long as the application is not for divorce itself.
- After the first year, the bar no longer applies. The provision does not impose any waiting period beyond that.
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This page reproduces the text of MCA 1973 s. 3 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.