Definitions and interpretation rules MCA 1973 s. 52
Section 52 defines terms under the Matrimonial Causes Act 1973, including child of the family, education, remarriage, and court references across the Act.
In this Act— ... “ child ”, in relation to one or both of the parties to a marriage, includes an illegitimate ... child of that party or, as the case may be, of both parties; “ child of the family ”, in relation to the parties to a marriage, means— a child of both of those parties; and any other child, not being a child who is placed with those parties as foster parents by a local authority or voluntary organisation, who has been treated by both of those parties as a child of their family; “the court” (except where the context otherwise requires) means the High Court or the family court; ... “ education ” includes training. “ maintenance calculation ” has the same meaning as it has in the Child Support Act 1991 by virtue of section 54 of that Act as read with any regulations in force under that section. ... In this Act— references to financial provision orders, periodical payments and secured periodical payments orders and orders for the payment of a lump sum, and references to property adjustment orders, shall be construed in accordance with section 21 above; references to pension sharing orders shall be construed in accordance with section 21A above; and references to orders for maintenance pending suit and to interim orders for maintenance shall be construed respectively in accordance with section 22 and section 27(5) above. For the avoidance of doubt it is hereby declared that references in this Act to remarriage include references to a marriage which is by law void or voidable. References in this Act to the formation of a civil partnership by a person include references to a civil partnership which is by law void or voidable. Except where the contrary intention is indicated, references in this Act to any enactment include references to that enactment as amended, extended or applied by or under any subsequent enactment, including this Act.
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 52 provides standard statutory definitions for key terms used throughout the Matrimonial Causes Act 1973. It defines a child of the family to include any child of both spouses, as well as any other child who was treated by both spouses as a child of their family, excluding foster children placed by local authorities or voluntary organisations. Illegitimate children of a spouse are also included under references to a child.
The provision defines education to include training, and ties maintenance calculations to the meaning set out in section 54 of the Child Support Act 1991. References to the court generally mean the High Court or the family court. It also specifies that statutory references to financial orders, pension sharing, interim maintenance, and property adjustments are construed according to their respective dedicated sections in the Act, such as section 21, section 21A, section 22, and section 27.
For avoidance of doubt, references to remarriage or forming a civil partnership extend to marriages or civil partnerships that are void or voidable under law. Amendments or extensions to statutory enactments mentioned in the legislation are automatically incorporated unless a contrary intention appears.
When it applies
- Determining whether a stepchild who was treated as part of the household counts as a child of the family during financial settlement proceedings.
- Checking if vocational training expenses qualify under statutory references to education.
- Clarifying whether a former spouse who entered into a void remarriage is considered remarried under the Act.
What this section does not say
- Specific ground rules for initial divorce applications, which are addressed in other sections of the Matrimonial Causes Act 1973.
- Legal standards for child arrangements or residence orders, which are dealt with under the Children Act.
- Detailed procedures for child support calculations, which are governed by the Child Support Act 1991.
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This page reproduces the text of MCA 1973 s. 52 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.