Part IVE+W Miscellaneous and Supplemental

F145. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F246. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

47 Matrimonial relief and declarations of validity in respect of polygamous marriages.E+W

(1)A court in England and Wales shall not be precluded from granting matrimonial relief or making a declaration concerning the validity of a marriage by reason only that [F3either party to the marriage is, or has during the subsistence of the marriage been, married to more than one person].

(2)In this section “matrimonial relief” means—

(a)any [F4order] under Part I of this Act;

(b)a financial provision order under section 27 above;

(c)an order under section 35 above altering a maintenance agreement;

(d)an order under any provision of this Act which confers a power exercisable in connection with, or in connection with proceedings for, any such F5... order as is mentioned in paragraphs (a) to (c) above;

[F6(dd)an order under Part III of the Matrimonial and Family Proceedings Act 1984;]

(e)an order under [F7Part I of the M1Domestic Proceedings and Magistrates’ Courts Act 1978].

[F8(3)In this section “a declaration concerning the validity of a marriage” means any declaration under Part III of the Family Law Act 1986 involving a determination as to the validity of a marriage]

[F9(4)Provision may be made by rules of court—

(a)for requiring notice of proceedings brought by virtue of this section to be served on any additional spouse of a party to the marriage in question; and

(b)for conferring on any such additional spouse the right to be heard in the proceedings,

in such cases as may be specified in the rules.]

48 Evidence.E+W

(1)The evidence of a husband or wife shall be admissible in any proceedings to prove that marital intercourse did or did not take place between them during any period.

(2)In any proceedings for nullity of marriage, evidence on the question of sexual capacity shall be heard in camera unless in any case the [F10court] is satisfied that in the interests of justice any such evidence ought to be heard in open court.

49 Parties to proceedings under this Act.E+W

F11(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Rules of court may make provisionF12... with respect to the joinder as parties to proceedings under this Act of persons involved in allegations of F13... improper conduct made in those proceedings, and with respect to the dismissal from such proceedings of any parties so joined; and rules of court made by virtue of this subsection may make different provision for different cases.

(5)[F14In every case] in which the court considers, in the interest of any person not already a party to the suit, that that person should be made a party to the suit, the court may if it thinks fit allow that person to intervene upon such terms, if any, as the court thinks just.

F1550. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F1651. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

52 Interpretation.E+W

(1)In this Act—

• F17...

• “child”, in relation to one or both of the parties to a marriage, includes an illegitimate F18... child of that party or, as the case may be, of both parties;

• “child of the family”, in relation to the parties to a marriage, means—

  (a)

  a child of both of those parties; and

  (b)

  any other child, not being a child who [F19is placed with those parties as foster parents] by a local authority or voluntary organisation, who has been treated by both of those parties as a child of their family;

• [F20“the court” (except where the context otherwise requires) means the High Court or the family court;]

• F21...

• “education” includes training.

• [F22“[F23maintenance calculation]” has the same meaning as it has in the Child Support Act 1991 by virtue of section 54 of that Act as read with any regulations in force under that section.]

• F24...

(2)In this Act—

(a)references to financial provision orders, periodical payments and secured periodical payments orders and orders for the payment of a lump sum, and references to property adjustment orders, shall be construed in accordance with section 21 above;

[F25(aa)references to pension sharing orders shall be construed in accordance with section 21A above; and]

(b)references to orders for maintenance pending suit and to interim orders for maintenance shall be construed respectively in accordance with section 22 and section 27(5) above.

(3)For the avoidance of doubt it is hereby declared that references in this Act to remarriage include references to a marriage which is by law void or voidable.

[F26(3A)References in this Act to the formation of a civil partnership by a person include references to a civil partnership which is by law void or voidable.]

(4)Except where the contrary intention is indicated, references in this Act to any enactment include references to that enactment as amended, extended or applied by or under any subsequent enactment, including this Act.

[F2752AInterpretation of certain references to divorce orders, nullity of marriage orders and judicial separation ordersE+W

(1)In sections 21(2), 23(1) and (5), 24(1) and (3), 24A(3), 24B(1) and (2), 24E(1) and (2), 25A(1) and (3), 28(1) to (2) and 31—

(a)a reference to a divorce order includes a decree of divorce,

(b)a reference to a nullity of marriage order includes a decree of nullity of marriage;

(c)a reference to a judicial separation order includes a decree of judicial separation;

(d)a reference to making includes granting;

(e)a reference to an order being made final includes a decree being made absolute.]

53 Transitional provisions and savings.E+W

Schedule 1 to this Act shall have effect for the purpose of—

(a)the transition to the provisions of this Act from the law in force before the commencement of this Act;

(b)the preservation for limited purposes of certain provisions superseded by provisions of this Act or by enactments repealed and replaced by this Act; and

(c)the assimilation in certain respects to orders under this Act of orders made, or deemed to have been made, under the M2Matrimonial Causes Act 1965.

54 Consequential amendments and repeals.E+W

(1)Subject to the provisions of Schedule 1 to this Act—

(a)the enactments specified in Schedule 2 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments consequential on the provisions of this Act or on enactments repealed by this Act; and

F28(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The amendment of any enactment by Schedule 2 to this Act shall not be taken as prejudicing the operation of [F29sections 16(1) and 17(2)(a) of the M3Interpretation Act 1978] (which relates to the effect of repeals).

55 Citation, commencement and extent.E+W

(1)This Act may be cited as the Matrimonial Causes Act 1973.

(2)This Act shall come into force on such day as the Lord Chancellor may appoint by order made by statutory instrument.

(3)Subject to the provisions of paragraphs 3(2) F30. . . of Schedule 2 below, this Act does not extend to Scotland or Northern Ireland.