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The primary legislation governing divorce, nullity, and financial relief in England and Wales. It sets out the legal framework for dissolving a marriage, the grounds for void and voidable marriages, and the court's powers to grant financial and property orders following the breakdown of a marriage.
This content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.
The Matrimonial Causes Act 1973 is the law the family court uses when you apply for a divorce or ask the court to sort out finances after a marriage breaks down. If you are a litigant in person, the sections below are the ones that will most often shape your case — from the grounds for divorce itself, to the financial orders the court can make, to the specific factors the judge must weigh when deciding what is fair.
The only ground for divorce is that the marriage has broken down irretrievably. Under the no-fault system, the applicant simply provides a statement confirming this, and the court treats it as conclusive evidence.
Why it matters: Removes the need to prove "fault" or specific evidence of separation, making divorce more straightforward for litigants in person.
You cannot apply for a divorce order until at least one year has passed since the date of your marriage.
Why it matters: A strict procedural barrier for new marriages — no divorce can be filed within the first year, regardless of circumstances.
A marriage is void (never legally valid) if the parties are within prohibited degrees of relationship, one or both was underage, or one was already lawfully married.
Why it matters: A void marriage means no valid legal marriage exists, which fundamentally changes how financial claims are handled compared to a divorce.
A marriage is voidable if, due to a flaw such as lack of consent, duress, or non-consummation, one party can ask the court to annul it.
Why it matters: A voidable marriage remains valid until a court order is made — understanding this distinction is vital for knowing when financial rights and obligations end.
The court can order one spouse to pay the other (or a child) ongoing financial support (periodical payments), secured payments, or a one-off lump sum.
Why it matters: This is the core power the court uses to distribute wealth. Litigants must understand these options to negotiate or present their case effectively.
The court can reorder ownership of assets — for example, transferring the family home from one spouse to the other, or varying a settlement of property.
Why it matters: The primary tool for dividing major assets like property. Knowing this power is essential for ensuring a fair division of family wealth.
When deciding how to divide money and property, the court must consider — first and foremost — the welfare of any children, then each party's income and earning capacity, financial needs, the standard of living, the duration of the marriage, age and health, contributions made, and any other relevant circumstances.
Why it matters: Arguably the most important section for litigants. If you are representing yourself, you must address these specific factors to convince the court your proposed financial settlement is fair.
This section defines how long financial orders last and specifies that periodical payments usually end if the person receiving them dies, remarries, or enters a new civil partnership. Crucially, under s.28(3), remarrying without a financial order in place can bar you from applying for financial provision and property adjustment orders.
Why it matters: The "remarriage trap" — if you remarry before your financial claims are resolved, you may lose the right to make them at all. Always finalise financial arrangements before remarriage.
Navigating court alone?
A McKenzie Friend can help you make sense of this in the context of your own case.
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