The following Family guidance note provides comprehensive and up to date legal information covering:
A petition for divorce cannot be presented to the court before the expiration of one year from the date of marriage.This is an absolute bar.
Where a petition has been issued in breach of section 3(1) of the Matrimonial Causes Act 1973 (MCA 1973) it is null and void and a court has no jurisdiction to entertain it; with the consequence that any decree nisi or decree absolute purportedly granted is likewise null and void and nor can the petition or application be subsequently amended. Consequently if a party has subsequently remarried that marriage is invalid.
As a consequence of a number of cases having been brought to the attention of the President of the Family Division, where decrees nisi and absolute have been granted notwithstanding that:
the petition, in breach of MCA 1973, s 3, had been issued within one year of the marriage, or
although there had been no breach of MCA 1973, s 3, the relevant period prior to the presentation of the petition specified in MCA 1973, s 1(2)(d) (living apart for a continuous period of at least two years immediately preceding the presentation of the petition) or MCA 1973, s 1(2)(e) (living apart for a continuous period of at least five years immediately preceding the presentation
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234