Domicile and Matrimonial Proceedings Act 1973

Changes over time for: Section 5

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Domicile and Matrimonial Proceedings Act 1973, Section 5.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

5 Jurisdiction of High Court and [F1family court].E+W

(1)Subsections (2) to (5) below shall have effect, subject to section 6(3) and (4) of this Act, with respect to the jurisdiction of the court to entertain [F2any of the following proceedings in relation to a marriage of a man and a woman]—

(a)proceedings for divorce, judicial separationor nullity of marriage; F3...

F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5(1A)In this Part of this Act—

F6...
F7...
“the court” means the High Court [F8and the family court].]

(2)The court shall have jurisdiction to entertain proceedings for divorce or judicial separation if (and only [F9if) on the date of the application—

(a)both parties to the marriage are habitually resident in England and Wales;

(b)both parties to the marriage were last habitually resident in England and Wales and one of them continues to reside there;

(c)the respondent is habitually resident in England and Wales;

[F10(ca)in a joint application only, either of the parties to the marriage is habitually resident in England and Wales;]

(d)the applicant is habitually resident in England and Wales and has resided there for at least one year immediately before the application was made;

(e)the applicant is domiciled and habitually resident in England and Wales and has resided there for at least six months immediately before the application was made;

(f)both parties to the marriage are domiciled in England and Wales; or

(g)either of the parties to the marriage is domiciled in England and Wales.]

(3)The court shall have jurisdiction to entertain proceedings for nullity of marriage if (and only [F11if) on the date of the application—

(a)both parties to the marriage are habitually resident in England and Wales;

(b)both parties to the marriage were last habitually resident in England and Wales and one of them continues to reside there;

(c)the respondent is habitually resident in England and Wales;

(d)the applicant is habitually resident in England and Wales and has resided there for at least one year immediately before the application was made;

(e)the applicant is domiciled and habitually resident in England and Wales and has resided there for at least six months immediately before the application was made;

(f)both parties to the marriage are domiciled in England and Wales; or

(g)either of the parties to the marriage—

(i)is domiciled in England and Wales; or

(ii)died before the application was made and either was at death domiciled in England and Wales or had been habitually resident in England and Wales throughout the period of one year ending with the date of death.]

F12(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The court shall, at any time when proceedings are pending in respect of which it has jurisdiction by virtue of subsection (2) or (3) above (or of this subsection), also have jurisdiction to entertain other proceedings, in respect of the same marriage, for divorce, judicial separation or nullity of marriage, notwithstanding that jurisdiction would not be exercisable under subsection (2) or (3).

[F14(5A)Schedule A1 (jurisdiction in relation to marriage of same sex couples) has effect.]

(6)Schedule 1 to this Act shall have effect as to the cases in which matrimonial proceedings in England and Wales [F15(whether the proceedings are in respect of the marriage of a man and a woman or the marriage of a same sex couple)] are to be, or may be, stayed by the court where there are concurrent proceedings elsewhere in respect of the same marriage, and as to the other matters dealt with in that Schedule; but nothing in the Schedule—

(a)requires or authorises a stay of proceedings which are pending when this section comes into force; or

(b)prejudices any power to stay proceedings which is exercisable by the court apart from the Schedule.

F16(6A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in s. 5 heading substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 66(3); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F2Words in s. 5(1) inserted (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 4 para. 6(2); S.I. 2014/93, art. 3(j)(i)

F3S. 5(1)(b) and preceding word omitted (1.10.2014) by virtue of Presumption of Death Act 2013 (c. 13), s. 22(2), Sch. 2 para. 2(a) (with s. 21); S.I. 2014/1810, art. 2

F4Words in s. 5(1) repealed (1.3.2001) by S.I. 2001/310, reg. 3(1)(2) (with reg. 11)

F5S. 5(1A) inserted (1.3.2001) by S.I. 2001/310, reg. 3(1)(3) (with reg. 11)

F6Words in s. 5(1A) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 7(2)(a)(i) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)

F7Words in s. 5(1A) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 7(2)(a)(ii) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)

F8Words in s. 5(1A) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 66(2); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)