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