Refusal decree 5yr separation grave hardship MCA 1973 s.5
Section 5 of MCA 1973 allows the court to refuse a divorce decree in a five-year separation case if granting it would cause grave hardship to the respondent.
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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
This provision applies when a divorce petition is based solely on the fact that the spouses have lived apart for five years. The court may refuse to make the divorce decree final if the respondent can show that granting the decree would cause them grave financial or other hardship and that it would be wrong in all the circumstances to dissolve the marriage. ‘Grave hardship’ is not defined in the section – it is left to the court to assess on the facts of each case. The refusal is discretionary, not automatic; the court weighs the hardship against the petitioner’s right to a divorce.
When it applies
- Your spouse left you five years ago and now petitions for divorce, but you rely on their pension and would lose your only income, leaving you unable to pay for housing or medical care.
- You have a severely disabled adult child who lives with you and your spouse; a divorce would break up the care arrangement and force the child into institutional care.
- You are elderly and in poor health, and your spouse’s insurance covers your treatment; a divorce would end that coverage and you have no alternative.
What this section does not say
- It does not cover hardship that the petitioner would suffer – only the respondent’s hardship matters.
- It does not apply to divorces based on other grounds such as adultery, unreasonable behaviour, or two years’ separation with consent.
- It does not automatically prevent the divorce; the court has discretion and may still grant the decree if it decides the hardship is not grave enough.
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This page reproduces the text of MCA 1973 s. 5 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.