Search Legislation

Matrimonial Causes Act 1973

Changes to legislation:

Matrimonial Causes Act 1973 is up to date with all changes known to be in force on or before 03 December 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

View outstanding changes

Changes and effects yet to be applied to :

  1. Introductory Text

  2. Part I Divorce, Nullity and Other Matrimonial Suits

    1. Divorce

      1. 1.Divorce on breakdown of marriage.

      2. 2. Supplemental provisions as to facts raising presumption of breakdown.

      3. 3. Bar on applying for a divorce order within one year of marriage.

      4. 4. Divorce not precluded by previous judicial separation.

      5. 5.Refusal of decree in five year separation cases on grounds of grave hardship to respondent.

      6. 6.Attempts at reconciliation of parties to marriage.

      7. 7. Consideration by the court of certain agreements or arrangements.

      8. 8. Intervention of Queen’s Proctor.

      9. 9.Proceedings before divorce order has been made final: general powers of court.

      10. 10.Proceedings before divorce order made final: special protection for respondent.

      11. 10A. Proceedings before divorce order has been made final: religious marriage

    2. Nullity

      1. 11.Grounds on which a marriage is void.

      2. 12. Grounds on which a marriage is voidable.

      3. 12A.Grounds on which a marriage converted from a civil partnership is void or voidable

      4. 12B.The period before nullity of marriage orders may be made final

      5. 13. Bars to relief where marriage is voidable.

      6. 14. Marriages governed by foreign law or celebrated abroad under English law.

      7. 15. Application of sections 8 and 9 to proceedings for a nullity of marriage order

      8. 16. Effect of annulment in case of voidable marriage.

    3. Other matrimonial suits

      1. 17. Judicial separation.

      2. 18. Effects of judicial separation.

      3. 19. Presumption of death and dissolution of marriage.

    4. General

      1. 20. Relief for respondent in divorce proceedings.

  3. Part II Financial Relief for Parties to Marriage and Children of Family

    1. Financial provision and property adjustment orders

      1. 21. Financial provision and property adjustment orders.

      2. 21A. Pension sharing orders.

      3. 21B.Pension compensation sharing orders

      4. 21C.Pension compensation: interpretation

    2. Ancillary relief in connection with divorce proceedings, etc.

      1. 22. Maintenance pending suit.

      2. 22ZA.Orders for payment in respect of legal services

      3. 22ZB.Matters to which court is to have regard in deciding how to exercise power under section 22ZA

      4. 23. Financial provision orders in connection with divorce proceedings, etc.

      5. 24. Property adjustment orders in connection with divorce proceedings, etc.

      6. 24A. Orders for sale of property

      7. 24B. Pension sharing orders in connection with divorce proceedings etc.

      8. 24C. Pension sharing orders: duty to stay.

      9. 24D. Pension sharing orders: apportionment of charges.

      10. 24E.Pension compensation sharing orders in connection with divorce proceedings

      11. 24F.Pension compensation sharing orders: duty to stay

      12. 24G.Pension compensation sharing orders: apportionment of charges

      13. 25. Matters to which court is to have regard in deciding how to exercise its powers under ss. 23, 24 , 24A, 24B and 24E.

      14. 25A. Exercise of court’s powers in favour of party to marriage on divorce or nullity of marriage order.

      15. 25B. Pensions.

      16. 25C. Pensions: lump sums.

      17. 25D. Pensions: supplementary.

      18. 25E.The Pension Protection Fund

      19. 25F.Attachment of pension compensation

      20. 25G.Pension compensation: supplementary

      21. 26. Commencement of proceedings for ancillary relief, etc.

    3. Financial provision in case of neglect to maintain

      1. 27. Financial provision orders, etc., in case of neglect by party to marriage to maintain other party or child of the family.

    4. Additional provisions with respect to financial provision and property adjustment orders

      1. 28. Duration of continuing financial provision orders in favour of party to marriage, and effect of remarriage or formation of civil partnership.

      2. 29. Duration of continuing financial provision orders in favour of children, and age limit on making certain orders in their favour.

      3. 30. Direction for settlement of instrument for securing payments or effecting property adjustment.

    5. Variation, discharge and enforcement of certain orders, etc.

      1. 31. Variation, discharge, etc., of certain orders for financial relief.

      2. 32. Payment of certain arrears unenforceable without the leave of the court.

      3. 33. Orders for repayment in certain cases of sums paid under certain orders.

    6. Consent orders

      1. 33A. Consent orders for financial provision or property adjustment.

    7. Maintenance agreements

      1. 34. Validity of maintenance agreements.

      2. 35. Alteration of agreements by court during lives of parties.

      3. 36. Alteration of agreements by court after death of one party.

    8. Miscellaneous and supplemental

      1. 37. Avoidance of transactions intended to prevent or reduce financial relief.

      2. 38. Orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage or formation of civil partnership.

      3. 39. Settlement, etc. made in compliance with a property adjustment order may be avoided on bankruptcy of settlor.

      4. 40. Payments, etc., under order made in favour of person suffering from mental disorder.

      5. 40A. Appeals relating to pension sharing orders which have taken effect.

      6. 40B.Appeals relating to pension compensation sharing orders which have taken effect

  4. Part III Protection, Custody, etc., of Children

    1. 41. Restrictions on decrees for dissolution, annulment or separation affecting children.

    2. 42. Orders for custody and education of children in cases of divorce, etc., and for custody in cases of neglect.

    3. 43. Power to commit children to care of local authority.

    4. 44. Power to provide for supervision of children.

  5. Part IV Miscellaneous and Supplemental

    1. 45.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    2. 46.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    3. 47. Matrimonial relief and declarations of validity in respect of polygamous marriages.

    4. 48. Evidence.

    5. 49. Parties to proceedings under this Act.

    6. 50. Matrimonial causes rules.

    7. 51. Fees in matrimonial proceedings.

    8. 52. Interpretation.

    9. 52A.Interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders

    10. 53. Transitional provisions and savings.

    11. 54. Consequential amendments and repeals.

    12. 55. Citation, commencement and extent.

  6. SCHEDULES

    1. SCHEDULE 1

      Transitional Provisions and Savings

      1. Part I Miscellaneous and General

        1. General transitional provisions and savings

          1. 1.Without prejudice to the provisions of sections 16(1) and 17(2)(a)...

          2. 2.Without prejudice to paragraph 1 above, but subject to paragraph...

          3. 3.Nothing in Part I of this Act shall apply in...

          4. 4.Notwithstanding any repeal or amendment made by this Act, the...

          5. 5.Nothing in any repeal made by this Act shall affect...

          6. 6.Nothing in sections 11 to 14 or 16 of this...

          7. 7.Nothing in section 50(1)(a) or (c) above affects—

        2. Transitional provisions derived from the Act of 1965

          1. 8.Any agreement between the petitioner and the respondent to live...

          2. 9.Where the party chargeable under a maintenance agreement within the...

          3. 10.No right or liability shall attach by virtue of section...

      2. Part II Preservation for limited Purposes of certain Provisions of previous Enactments

        1. Nullity

          1. 11.(1) Subject to sub-paragraphs (2) and (3) below, a marriage...

          2. 12.Where a decree of nullity was granted on or before...

        2. Succession on intestacy in case of judicial separation

          1. 13.Section 18(2) above shall not apply in a case where...

        3. Validation of certain void or voidable decrees

          1. 14.Any decree of divorce, nullity of marriage or judicial separation...

      3. Part III Assimilation in certain respects to Orders under this Act of Orders made, etc., under the Act of 1965, etc.

        1. Cesser on remarriage of orders made, etc., under the Act of 1965 and recovery of sums mistakenly paid thereafter

          1. 15.(1) An order made, or deemed to have been made,...

          2. 16.Section 38 above shall apply in relation to an order...

        2. Variation, etc., of certain orders made, etc., under the Act of 1965

          1. 17.(1) Subject to the provisions of this paragraph, section 31...

          2. 18.(1) Subsections (1) and (3) of section 31 above shall...

          3. 19.Section 42(7) above shall apply in relation to an order...

        3. Orders made under the Act of 1965 to count as orders under this Act for certain purposes

          1. 20.The power of the court under section 23(1) or (2)(a)...

          2. 21.Where the court has made an order under section 22...

        4. Application of provisions of this Act with respect to enforcement of arrears and recovery of excessive payments to certain orders made, etc., under the Act of 1965

          1. 22.Section 32 above shall apply in relation to the enforcement,...

          2. 23.Section 33 above shall apply to an order (other than...

        5. Avoidance under this Act of transactions intended to defeat claims for relief and relief granted under the Act of 1965

          1. 24.(1) Section 37 above shall apply in relation to proceedings...

        6. Care and supervision of children

          1. 25.(1) Sections 43 and 44 above shall apply where the...

          2. 26.Section 44(4) above shall apply in relation to the jurisdiction...

    2. SCHEDULE 2

      Consequential Amendments

      1. 1.. . . . . . . . . ....

      2. 2.In section 2(1) of the Limitation (Enemies and War Prisoners)...

      3. 3.(1) In section 16 of the Maintenance Orders Act 1950...

      4. 4.In section 109(2) of the County Courts Act 1959 (proceedings...

      5. 5.(1) . . . . . . . . ....

      6. 6.. . . . . . . . . ....

      7. 7.(1) In subsection (1) of section 2 of the Domestic...

      8. 8.In section 7 of the Family Law Reform Act 1969...

      9. 9.. . . . . . . . . ....

      10. 10.(1) . . . . . . . . ....

      11. 11.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      12. 12.. . . . . . . . . ....

      13. 13.In Schedule 1 to the Attachment of Earnings Act 1971...

    3. SCHEDULE 3

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources