Translating divorce terminology MCA 1973 s. 52A
Section 52A clarifies that references to divorce orders include decrees of divorce for financial relief under sections 21, 23, 24, 25A, 28 and 31.
52A In sections 21(2), 23(1) and (5), 24(1) and (3), 24A(3), 24B(1) and (2), 24E(1) and (2), 25A(1) and (3), 28(1) to (2) and 31— a reference to a divorce order includes a decree of divorce, a reference to a nullity of marriage order includes a decree of nullity of marriage; a reference to a judicial separation order includes a decree of judicial separation; a reference to making includes granting; a reference to an order being made final includes a decree being made absolute.
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 52A ensures that statutory rules for financial remedies apply equally whether proceedings use modern terminology or legacy terminology. It provides that a reference to a divorce order includes a decree of divorce, and a reference to a nullity of marriage order includes a decree of nullity of marriage.
It also establishes that a reference to a judicial separation order includes a decree of judicial separation, a reference to making an order includes granting a decree, and a reference to an order being made final includes a decree being made absolute.
This statutory reading applies to provisions across sections 21(2), 23(1) and (5), 24(1) and (3), 24A(3), 24B(1) and (2), 24E(1) and (2), 25A(1) and (3), 28(1) to (2) and 31.
When it applies
- Applying property adjustment provisions under section 24(1) where the decree of divorce was granted under older terminology.
- Determining financial provision orders under section 23(1) when a decree of nullity of marriage was issued.
- Enforcing maintenance limitations under section 28(1) following a decree being made absolute.
What this section does not say
- Determining the substantive grounds required to obtain a decree of divorce or nullity order.
- Setting the procedure for applying to have a conditional order made final.
- General definitions of terms outside the specific sections listed in this provision.
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This page reproduces the text of MCA 1973 s. 52A 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.