Queen's Proctor intervention in divorce – MCA 1973 s. 8
MCA 1973 s. 8 allows the Queen's Proctor to intervene in divorce cases under court direction. Any person may give information. The court may order costs.
In the case of an application for a divorce order — the court may, if it thinks fit, direct all necessary papers in the matter to be sent to the Queen’s Proctor, who shall under the directions of the Attorney-General instruct counsel to argue before the court any question in relation to the matter which the court considers it necessary or expedient to have fully argued; any person may at any time during the progress of the proceedings or before the divorce order is made final give information to the Queen’s Proctor on any matter material to the due decision of the case, and the Queen’s Proctor may thereupon take such steps as the Attorney-General considers necessary or expedient. Where the Queen’s Proctor intervenes or shows cause against a conditional order in any proceedings for a divorce order, the court may make such order as may be just as to the payment by other parties to the proceedings of the costs incurred by him in so doing or as to the payment by him of any costs incurred by any of those parties by reason of his so doing. The Queen’s Proctor shall be entitled to charge as part of the expenses of his office— the costs of any proceedings under subsection (1)(a) above; where his reasonable costs of intervening or showing cause as mentioned in subsection (2) above are not fully satisfied by any order under that subsection, the amount of the difference; if the Treasury so directs, any costs which he pays to any parties under an order made under subsection (2).
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 allows the court to send the papers of a divorce case to the Queen’s Proctor (the government’s solicitor) and instruct counsel to argue any question the court wants fully examined. Any person – including a spouse, a relative, or a third party – may give information to the Queen’s Proctor about anything that matters to the case. The Queen’s Proctor then acts under the direction of the Attorney‑General.
If the Queen’s Proctor intervenes or shows cause why a conditional divorce order should not be made final, the court can order who pays the costs. The Queen’s Proctor may charge those costs as part of the office’s expenses if they are not covered by a court order.
When it applies
- A spouse suspects the other party has lied about the grounds for divorce and wants the court to examine the evidence more closely.
- The court itself sees a legal question that needs full argument and directs the papers to the Queen’s Proctor.
- A neighbour or friend knows that one of the parties was already married when the divorce petition was filed and gives that information to the Queen’s Proctor.
- The Queen’s Proctor shows cause against a conditional divorce order, arguing that the divorce should not be finalised.
- After the Queen’s Proctor intervenes, the court decides which party must pay the costs of the intervention.
What this section does not say
- This provision does not allow a party to demand that the Queen’s Proctor intervene – the court must direct it.
- It does not give the Queen’s Proctor power to investigate on its own initiative without court involvement.
- It does not cover nullity of marriage or judicial separation proceedings (only divorce orders).
- It does not deal with financial remedies, child arrangements, or the grounds for divorce itself.
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This page reproduces the text of MCA 1973 s. 8 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.