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The Matrimonial Causes Act 1973 (c 18) is an
Act of Parliament Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of ...
of the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
governing divorce law and marriage in England and Wales.


Contents

The act contains four parts: # Divorce, Nullity and Other Matrimonial Suits # Financial Relief for Parties to Marriage and Children of Family # Protection, Custody, etc., of Children # Miscellaneous and Supplemental Section 1 sets out the grounds that must be demonstrated before a divorce can be granted. These five grounds were adultery, behaving "in such a way that the petitioner cannot reasonably be expected to live", desertion for two years, two years of separation with the consent of the parties, or five years of separation. Following the decision of the
Supreme Court of the United Kingdom The Supreme Court of the United Kingdom (initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the Unite ...
in ''
Owens v Owens ''Owens v Owens'/nowiki> UKSC 41] was a Supreme Court of the United Kingdom case involving the divorce of Mr and Mrs Owens, a couple who had married in 1978. The Supreme Court upheld a decision made at trial, and previously upheld by the Court of ...
'', Parliament passed the
Divorce, Dissolution and Separation Act 2020 The Divorce, Dissolution and Separation Act 2020 (c. 11) is an act of the Parliament of the United Kingdom which amends existing laws relating to divorce to allow for no-fault divorce in England and Wales. The government held that the change ...
, which has removed these conditions. Section 13 provides for certain restrictions in regard to the possibility of annulling voidable marriages, including where the petitioner knew of the "defect" and of the possibility of annulment, but induced the respondent to believe that s/he would not seek an annulment; or where it would be "unjust" to the respondent to grant the decree of nullity. There is usually a time limit of three years from the date of the marriage in order to institute the proceedings. Under section 24(1), when granting a divorce, decree of
nullity of marriage Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost ...
or
judicial separation Legal separation (sometimes judicial separation, separate maintenance, divorce ', or divorce from bed-and-board) is a legal process by which a married couple may formalize a separation while remaining legally married. A legal separation is gra ...
the court can order (subject to restrictions in ss 29(1) and (3) relating to children of the age of majority other than those still in school or in other special circumstances): :(a) the transfer of property between the parties, or to a child, or for the benefit of a child :(b) the settlement of property for the partner and children :(c) the variation of any ante-nuptial or post-nuptial settlement other than a pension :(d) the extinguishment or reduction of the interest of the parties to any settlement other than a pension Under s. 24(2), the court can make an order under s. 24(1)(c) even if there are no children, and under s. 24(3) orders and settlements take effect only when the divorce or nullity of marriage is made absolute.


See also

*''
Ahkter v Khan , also known as ''Attorney General v Ahkter'', is an English family law Court of Appeal case concerning the validity of an Islamic ceremony of marriage. A woman who recently divorced her husband petitioned the court to determine whether the mar ...
'' *
English land law English land law is the law of real property in England and Wales. Because of its heavy historical and social significance, land is usually seen as the most important part of English property law. Ownership of land has its roots in the feudal ...
*
English property law English property law refers to the law of acquisition, sharing and protection of valuable assets in England and Wales. While part of the United Kingdom, many elements of Scots property law are different. In England, property law encompasses four ...


References

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Further reading

* Lawrence Stone. ''Road to Divorce: England 1530-1987'' (1990) United Kingdom Acts of Parliament 1973 Divorce law in the United Kingdom