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Matrimonial Causes Act 1973 (c 18)

Matrimonial Causes Act 1973 (c 18)
An Act to consolidate certain enactments relating to matrimonial proceedings, maintenance agreements, and declarations of legitimacy, validity of marriage and British nationality, with amendments to give effect to recommendations of the Law Commission.
Matrimonial Causes Act 1973 (c. 18)
Introductory Text
Main body
Part I Divorce, Nullity and Other Matrimonial Suits
1. Divorce on breakdown of marriage.
2. Supplemental provisions as to facts raising presumption of breakdown.
3. Bar on petitions for divorce within one year of marriage.
4. Divorce not precluded by previous judicial separation.
5. Refusal of decree in five year separation cases on grounds of grave hardship to respondent.
6. Attempts at reconciliation of parties to marriage.
7. Consideration by the court of certain agreements or arrangements.
8. Intervention of Queen's Proctor.
9. Proceedings after decree nisi: general powers of court.
10. Proceedings after decree nisi: special protection for respondent in separation cases.
11. Grounds on which a marriage is void.
12. Grounds on which a marriage is voidable.
13. Bars to relief where marriage is voidable.
14. Marriages governed by foreign law or celebrated abroad under English law.
15. Decrees of nullity to be decrees nisi.
[15A. Intervention of Queen’s Proctor. ]
[15B. Proceedings after decree nisi: general powers of court. ]
16. Effect of decree of nullity in case of voidable marriage.
Other matrimonial suits
17. Judicial separation.
18. Effects of judicial separation.
19. Presumption of death and dissolution of marriage.
20. Relief for respondent in divorce proceedings.
Part II Financial Relief for Parties to Marriage and Children of Family
Financial provision and property adjustment orders
21. Financial provision orders, property adjustment orders and pension orders.
21A. Pension sharing orders.
Ancillary relief in connection with divorce proceedings, etc.
22. Maintenance pending suit.
[22A. Financial provision orders: divorce and separation.]
[22B. Restrictions affecting section 22A.]
23. Financial provision orders: nullity.
[23A. Property adjustment orders: divorce and separation.]
[23B. Restrictions affecting section 23A.]
24. Property adjustment orders in connection with divorce proceedings, etc.
24A. Orders for sale of property
24B. Pension sharing orders: divorce.
[24BA. Restrictions affecting section 24B.]
[24BB. Pension sharing orders: nullity of marriage.]
[24BC. Restrictions affecting section 24BB.]
24C. Pension sharing orders: duty to stay.
24D. Pension sharing orders: apportionment of charges.
25. Matters to which court is to have regard in deciding how to exercise its powers under ss. 23, 24 and 24A.
25A. Exercise of court's powers in favour of party to marriage on decree of divorce or nullity of marriage.
25B. Pensions.
25C. Pensions: lump sums.
25D. Pensions: supplementary.
26. Commencement of proceedings for ancillary relief, etc.
Financial provision in case of neglect to maintain
27. Financial provision orders, etc., in case of neglect by party to marriage to maintain other party or child of the family.
Additional provisions with respect to financial provision and property adjustment orders
28. Duration of continuing financial provision orders in favour of party to marriage, and effect of remarriage.
29. Duration of continuing financial provision orders in favour of children, and age limit on making certain orders in their favour.
30. Direction for settlement of instrument for securing payments or effecting property adjustment.
Variation, discharge and enforcement of certain orders, etc.
31. Variation, discharge, etc., of certain orders for financial relief.
[31A. Variation etc. following reconciliations.]
[31B. Discharge of pension sharing orders on making of separation order.]
32. Payment of certain arrears unenforceable without the leave of the court.
33. Orders for repayment in certain cases of sums paid under certain orders.
Consent orders
33A. Consent orders for financial provision or property adjustment.
Maintenance agreements
34. Validity of maintenance agreements.
35. Alteration of agreements by court during lives of parties.
36. Alteration of agreements by court after death of one party.
Miscellaneous and supplemental
37. Avoidance of transactions intended to prevent or reduce financial relief.
38. Orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage.
39. Settlement, etc. made in compliance with a property adjustment order may be avoided on bankruptcy of settlor.
40. Payments, etc., under order made in favour of person suffering from mental disorder.
40A. Appeals relating to pension sharing orders which have taken effect.
Part III Protection, Custody, etc., of Children
41. Restrictions on decrees for dissolution, annulment or separation affecting children.
42. Orders for custody and education of children in cases of divorce, etc., and for custody in cases of neglect.
43. Power to commit children to care of local authority.
44. Power to provide for supervision of children.
Part IV Miscellaneous and Supplemental
45. . . .
46. . . .
47. Matrimonial relief and declarations of validity in respect of polygamous marriages.
48. Evidence.
49. Parties to proceedings under this Act.
50. Matrimonial causes rules.
51. Fees in matrimonial proceedings.
52. Interpretation.
53. Transitional provisions and savings.
54. Consequential amendments and repeals.
55. Citation, commencement and extent.
SCHEDULE 1 Transitional Provisions and Savings
Part I Miscellaneous and General
Part II Preservation for limited Purposes of certain Provisions of previous Enactments
Part III Assimilation in certain respects to Orders under this Act of Orders made, etc., under the Act of 1965, etc.
SCHEDULE 2 Consequential Amendments
SCHEDULE 3 . . .

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