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Matrimonial Causes Act 1973

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This is the original version (as it was originally enacted).

10Proceedings after decree nisi: special protection for respondent in separation cases

(1)Where in any case the court has granted a decree of divorce on the basis of a finding that the petitioner was entitled to rely in support of his petition on the fact of two years' separation coupled with the respondent's consent to a decree being granted and has made no such finding as to any other fact mentioned in section 1(2) above, the court may, on an application made by the respondent at any time before the decree is made absolute, rescind the decree if it is satisfied that the petitioner misled the respondent (whether intentionally or unintentionally) about any matter which the respondent took into account in deciding to give his consent.

(2)The following provisions of this section apply where—

(a)the respondent to a petition for divorce in which the petitioner alleged two years' or five years' separation coupled, in the former case, with the respondent's consent to a decree being granted, has applied to the court for consideration under subsection (3) below of his financial position after the divorce ; and

(b)the court has granted a decree on the petition on the basis of a finding that the petitioner was entitled to rely in support of his petition on the fact of two years' or five years' separation (as the case may be) and has made no such finding as to any other fact mentioned in section 1(2) above.

(3)The court hearing an application by the respondent under subsection (2) above shall consider all the circumstances, including the age, health, conduct, earning capacity, financial resources and financial obligations of each of the parties, and the financial position of the respondent as, having regard to the divorce, it is likely to be after the death of the petitioner should the petitioner die first; and, subject to subsection (4) below, the court shall not make the decree absolute unless it is satisfied—

(a)that the petitioner should not be required to make any financial provision for the respondent, or

(b)that the financial provision made by the petitioner for the respondent is reasonable and fair or the best that can be made in the circumstances.

(4)The court may if it thinks fit make the decree absolute notwithstanding the requirements of subsection (3) above if—

(a)it appears that there are circumstances making it desirable that the decree should be made absolute without delay, and

(b)the court has obtained a satisfactory undertaking from the petitioner that he will make such financial provision for the respondent as the court may approve.

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