Matrimonial Causes Act 1973

Summary

The Matrimonial Causes Act 1973 is the principal statute governing divorce and financial remedies on divorce in England & Wales. It sets out the sole ground for divorce (irretrievable breakdown), the financial orders the court can make (periodical payments, lump sums, property adjustment, pension sharing), and the factors the court must consider when exercising its discretion (the s.25 factors). The grounds for divorce were reformed by the Divorce, Dissolution and Separation Act 2020, which introduced no-fault divorce from April 2022.

Key Points

• Sole ground for divorce: irretrievable breakdown of marriage (s.1)
• Since April 2022: applicant must provide a statement of irretrievable breakdown (no-fault, no facts required)
• Financial orders: periodical payments (maintenance), lump sum orders, property adjustment orders, pension sharing orders (ss.23–24A)
• Section 25 factors: income, financial needs, standard of living, age, disabilities, contributions, conduct, loss of benefit (s.25)
• First consideration: welfare of any child of the family under 18 (s.25(1))
• Clean break: court must consider terminating financial obligations between the parties (s.25A)
• Pre-nuptial agreements considered but not automatically binding (Radmacher v Granatino [2010])

Parts & Sections

Amendments History

Frequently asked questions

What is the main purpose of the Matrimonial Causes Act 1973?

The Matrimonial Causes Act 1973 is the principal statute governing divorce and financial remedies in England and Wales. It sets out the sole ground for divorce, which is irretrievable breakdown, and details the financial orders courts can make. It also lists the specific factors courts must consider when exercising their discretion regarding financial matters.

What is the legal ground for divorce in England and Wales now?

Since April 2022, the sole ground for divorce is the irretrievable breakdown of the marriage. Under the reforms introduced by the Divorce, Dissolution and Separation Act 2020, applicants no longer need to prove specific facts such as adultery or unreasonable behaviour. Instead, they must provide a statement of irretrievable breakdown to establish the ground.

What kinds of financial orders can a court make during a divorce?

The court can make several types of financial orders, including periodical payments (maintenance), secured periodical payments, and lump sum payments. It may also issue property adjustment orders to transfer or settle property between parties, or pension sharing orders. These orders can be made for either party to the marriage or for the benefit of a child of the family.

What factors does the court look at when deciding on financial settlements?

The court must consider all the circumstances of the case, giving first consideration to the welfare of any child of the family under 18. Specific factors include income, earning capacity, financial needs, standard of living, age, disabilities, contributions to the family, conduct, and any loss of benefit. The court must also consider whether to terminate financial obligations between the parties, known as a clean break.

Are pre-nuptial agreements legally binding in divorce proceedings?

Pre-nuptial agreements are considered by the court but are not automatically binding. The leading case in this context is Radmacher v Granatino [2010]. Additionally, the court has the power to vary any ante-nuptial or post-nuptial settlement as part of a property adjustment order.