Divorce and Financial Orders in Family Law

Family Law

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
CONCLUSION................................................................................................................................9
REFERNCES.................................................................................................................................10

INTRODUCTION
The Divorce in England and Wales is possible in cases where the marriage has lasted for at
least one year and when the marriage is irretrievably broken down. And according to law it is
possible for the other party to marriage to defend the divorce. The Matrimonial Causes Act 1973
is the act of the Parliament which governs the divorce in England and Wales. Further the
evolution of the Divorce, Dissolution and Separation Act 2020 aimed to reduce fault facts while
proceeding with the divorce1.
The essay aims to discuss the case study as provided which highlights legal advice. The
essay provides with various legal options to make the marriage to an end. Further examine the
options available under the current along with the coming act the Divorce, Dissolution and
Separation Act, 2020. Further the essay discuss the financial and property orders and various
factors which are stated under Section 25 of the MCA 1973. Even the essay discuss the criteria
required to be considered by court in making orders.
MAIN BODY
The Matrimonial Causes Act (MCA) 1973, has provided with many legislated grounds
on which a marriage can be put to an end or held to be void or voidable. It is the legislation
within England and Wales which regulates and governs divorce. The act was introduced in order
to proceed with matrimonial proceedings, provide for matrimonial agreements and pass
judgment in respect to legitimacy, validity of marriage and British nationality. Prior to the Act
1973, the marriage cases was governed by Matrimonial Causes Act 1857. Furthermore, the
procedure for divorce was created by court system. After the introduction of Divorce Reform Act
1969, all the law related to divorce were consolidated within the MCA 1973. The grounds for
filing divorce suit is stated under Section 1 (1) of the MCA 1973 and the factors which is
required to prove is covered within Section 1 (2) of the act2.
There are various legislated ways in which a marriage can be end, some of them are
Firstly, is the most common way Divorce, the law related to this ground is governed under the
MCA 1973 and the spouses are required to file an application for divorce in the court. According
to Section 1 (2) the applicant is required to prove any one of the factors stated, which are the
1'Matrimonial Property' (2020) 18 Netherlands International Law Review.
2 Joseph Jackson and William Rayden, Butterworths Matrimonial Law Statutes (Butterworths 2020).