Part IDivorce, Nullity and Other Matrimonial Suits
23 provisions
- MCA 1973 s. 1 No fault divorce: 20 weeks then 6 weeks Under MCA 1973 s. 1, courts must treat irretrievable breakdown statements as conclusive evidence. Wait 20 weeks to confirm, then 6 weeks to final order.
- MCA 1973 s. 2 Repealed breakdown facts rules Section 2 of the Matrimonial Causes Act 1973 dealt with breakdown facts and cohabitation. This section has been repealed and no longer has effect.
- MCA 1973 s. 3 Bar on divorce within one year of marriage This provision of the Matrimonial Causes Act 1973 bars divorce applications within one year of marriage. No such application is allowed before that period ends.
- MCA 1973 s. 4 Divorce allowed after judicial separation A divorce may be applied for even after a judicial separation. Previous separation does not bar divorce under MCA 1973 s.4.
- MCA 1973 s. 5 Refusal decree 5yr separation grave hardship MCA 1973 s.5 Section 5 of MCA 1973 allows the court to refuse a divorce decree in a five-year separation case if granting it would cause grave hardship to the respondent.
- MCA 1973 s. 6 Reconciliation attempts in divorce Legal representative must discuss reconciliation with divorce applicant and provide names of qualified helpers; court may adjourn if reconciliation possible.
- MCA 1973 s. 7 Court review of marital agreements Court rules may allow divorcing spouses to submit a proposed agreement to the court for an opinion on its reasonableness and directions.
- MCA 1973 s. 8 Queen's Proctor intervention in divorce 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.
- MCA 1973 s. 9 Challenging a conditional divorce order 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.
- MCA 1973 s. 10 Financial protection before final divorce Prevents a conditional divorce order from being made final until the court considers financial provision for the respondent under subsection 3.
- MCA 1973 s. 10A Religious divorce dissolution delay Court can delay divorce order for religious marriage until both parties declare religious dissolution steps taken. Applies to Jewish or prescribed usages.
- MCA 1973 s. 11 Grounds on which a marriage is void MCA 1973 s. 11: Grounds for void marriage after 31 July 1971: prohibited degrees, under 18, existing marriage, polygamy with English domicile, and defects.
- MCA 1973 s. 12 Grounds for voidable marriage Exclusive grounds for voidable marriage: non-consummation, lack of consent, mental disorder, venereal disease, pregnancy by another, gender recognition.
- MCA 1973 s. 12A Void/voidable marriage on CP conversion A marriage converted from a void civil partnership is void; from a valid one, it is voidable if any ground in s.12(1)(c)-(h) existed at the conversion date.
- MCA 1973 s. 12B Period before nullity order final A nullity order is conditional first; final only after 6 weeks. Court can shorten; Lord Chancellor can extend up to 6 months. Order subject to annulment.
- MCA 1973 s. 13 Bars to voidable marriage nullity orders MCA 1973 s. 13 bars nullity orders for voidable marriages if the applicant knew they could annul it, delayed past three years or six months, or knew the facts.
- MCA 1973 s. 14 Marriages under foreign law or abroad Foreign marriages: sections 11,12,13(1) do not apply if validity determined by foreign law; no validity if either party already a civil partner.
- MCA 1973 s. 15 Applies ss.8-9 to nullity orders MCA 1973 s.15 Section 8 (Queen's Proctor) and section 9 (court powers) apply to nullity proceedings, substituting 'nullity of marriage order' for 'divorce order'.
- MCA 1973 s. 16 Effect of annulment for voidable marriage A nullity of marriage order for a voidable marriage annuls the marriage only from the final order onwards; the marriage is treated as valid until that time.
- MCA 1973 s. 17 Judicial separation application procedure Either spouse or both may apply for a judicial separation order with a statement; court must grant it. Reconciliation sections 6 and 7 apply.
- MCA 1973 s. 18 Judicial separation intestacy effects If you die intestate while judicially separated and the separation continues, your property devolves as if your spouse had died, under MCA 1973 s.18.
- MCA 1973 s. 19 Presumption of death and dissolution – MCA 1973 s.19 Allows a spouse to apply for a decree of presumption of death and dissolution if the other spouse is missing for seven years with no evidence they are alive.
- MCA 1973 s. 20 Relief for respondent in divorce, MCA 1973 s.20 MCA 1973 s.20 allows a respondent in divorce or nullity proceedings to apply for financial relief under s.23 and s.24 without petitioning, after decree.