Challenging a conditional divorce order MCA 1973 s. 9
Under MCA 1973 s. 9, third parties or the Queen's Proctor may challenge a divorce order before it is final, or a non-applying spouse after three months.
Where a divorce order has been made but not made final , then, without prejudice to section 8 above, any person (excluding a party to the proceedings other than the Queen’s Proctor) may show cause why the order should not be made final by reason of material facts not having been brought before the court; and in such a case the court may— notwithstanding anything in section 1(4) above (but subject to section 10(2) to (4) ... below) make the order final ; or rescind the order ; or require further inquiry; or otherwise deal with the case as it thinks fit. Where a divorce order has been made on an application by one party to a marriage and that party has not applied for the order to be made final, then, at any time after the expiration of three months from the earliest date on which that party could have made such an application, the other party to the marriage may make an application to the court, and on that application the court may exercise any of the powers mentioned in paragraphs (a) to (d) of subsection (1) above.
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
When a divorce order has been made but is not yet final, third parties or the Queen’s Proctor may show cause to the court why the order should not be made final. This procedure applies if material facts were not brought before the court during earlier proceedings. The main parties to the divorce cannot use this specific procedure, though the Queen's Proctor is permitted to do so.
When a challenge is brought, the court possesses broad power to resolve the matter. It may make the divorce order final, rescind the order entirely, require further inquiries, or make any other order it considers appropriate.
Where the spouse who petitioned for the divorce fails to apply to make the order final, the other spouse may apply instead. The other spouse can submit this application after three months have passed from the earliest date on which the applicant spouse could have applied.
When it applies
- A third party submits evidence to the court before a divorce order is made final showing that material facts were concealed during the proceedings.
- The Queen's Proctor shows cause why a conditional divorce order should be rescinded due to undisclosed fraud.
- A husband who requested the divorce order delays finalizing it, allowing the wife to apply directly to the court after three months have elapsed from his earliest eligibility date.
What this section does not say
- Interventions by the Queen's Proctor during the initial proceedings before an order is made, which are governed by MCA 1973 s. 8.
- Refusal of a divorce decree on the grounds of grave hardship in five year separation cases, which is covered under MCA 1973 s. 5.
- Court review of financial or reconciliation agreements between spouses, which is governed by MCA 1973 s. 7.
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This page reproduces the text of MCA 1973 s. 9 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.