Transitional provisions and savings MCA 1973 s. 53
MCA 1973 s.53: Schedule 1 governs transition from 1965 Act, preserves superseded provisions for limited purposes, assimilates orders to MCA 1973 orders.
Schedule 1 to this Act shall have effect for the purpose of— the transition to the provisions of this Act from the law in force before the commencement of this Act; the preservation for limited purposes of certain provisions superseded by provisions of this Act or by enactments repealed and replaced by this Act; and the assimilation in certain respects to orders under this Act of orders made, or deemed to have been made, under the Matrimonial Causes Act 1965.
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 introduces Schedule 1, which handles the changeover from the law in force before the Matrimonial Causes Act 1973 came into effect to the new provisions.
It keeps certain rules that were replaced by the 1973 Act alive for limited purposes. For example, a provision from the old law might still apply to a case that started before the Act.
It also makes orders made under the Matrimonial Causes Act 1965 equivalent to orders under the 1973 Act in certain respects, so they can be treated the same way for enforcement or variation.
When it applies
- A maintenance order made under the Matrimonial Causes Act 1965 is treated as if it were made under MCA 1973 for the purpose of an application to vary it.
- A property adjustment application that was pending when the 1973 Act came into force is decided under the old law, but the new Act's enforcement rules apply.
- A specific provision from the 1965 Act about reconciliation is preserved for divorce petitions filed before the commencement of the 1973 Act.
- A court treats a pre-1973 order for periodical payments as an order under the 1973 Act when deciding whether it can be discharged.
What this section does not say
- This section does not create new grounds for divorce or nullity; those are in sections 1 to 5 of the Act.
- It does not change the rules on evidence or procedure; those are covered by section 48 and other provisions.
- It does not allow a party to reopen a final financial settlement that was made under the 1965 Act unless Schedule 1 specifically says so.
- It does not apply to orders made under the 1973 Act itself; those are governed by the relevant sections of the Act.
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This page reproduces the text of MCA 1973 s. 53 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.