Joinder of parties and intervention: MCA 1973 s. 49
Explains when the court may join a person as a party to divorce or financial remedy proceedings, and rules for joinder of those accused of improper conduct.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rules of court may make provision ... with respect to the joinder as parties to proceedings under this Act of persons involved in allegations of ... improper conduct made in those proceedings, and with respect to the dismissal from such proceedings of any parties so joined; and rules of court made by virtue of this subsection may make different provision for different cases. In every case in which the court considers, in the interest of any person not already a party to the suit, that that person should be made a party to the suit, the court may if it thinks fit allow that person to intervene upon such terms, if any, as the court thinks just.
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 allows the court to add a person who is not already a party to proceedings under the Matrimonial Causes Act 1973 if it considers that doing so is in that person’s interest. The court may let that person intervene on whatever terms it thinks just.
It also permits court rules to be made about joining or dismissing people who are involved in allegations of improper conduct made in the proceedings. Those rules can set different procedures for different cases.
This section does not create a right to be joined; the court has discretion. It applies to divorce, nullity, judicial separation, financial remedy, and other proceedings under the Act.
When it applies
- A spouse’s alleged lover is accused of improper conduct and the court joins them to respond to the allegations.
- A parent of a child wants to be heard in financial relief proceedings and asks the court to intervene.
- A company that received a transfer of assets from a spouse is joined to determine whether the transfer can be set aside.
- A creditor claims an interest in property that is part of a divorce settlement and seeks to become a party.
- A local authority asks to be joined in proceedings involving a child’s welfare when a decree is sought.
What this section does not say
- This section does not give any person an automatic right to join proceedings – the court must decide it is in their interest.
- It does not define what constitutes 'improper conduct' – that is left to the rules of court or case law.
- It does not apply to civil litigation outside family law (e.g., personal injury claims) or to criminal cases.
- It does not allow a person to be joined solely because they are curious or have a general interest in the outcome.
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. 49 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.