Categories
Family Law Law

Matrimonial Causes Act 1973

Ministry of Injustice - Law and Justice

The Matrimonial Causes Act 1973 is a significant piece of legislation relating to Family Law that reformed the law governing divorce and separation in England and Wales. This act came into effect on 1st January 1974 and replaced the previous law, the Matrimonial Causes Act 1965.

The purpose of the Matrimonial Causes Act 1973 was to modernize and simplify divorce law, to make it more equitable and to eliminate some of the outdated and sexist aspects of the previous legislation. The act also sought to make it easier for couples to divorce, while at the same time recognizing the importance of the institution of marriage.

Under the Matrimonial Causes Act 1973, there is only one ground for divorce, which is irretrievable breakdown of marriage. This can be proven through one of five facts:

  • Adultery
  • Unreasonable behaviour
  • Desertion for two years or more
  • Separation for two years or more with consent
  • Separation for five years or more without consent

This system of “no-fault divorce” replaced the old system, which required one spouse to prove that the other was at fault, such as through adultery, desertion, or cruelty.

The Matrimonial Causes Act 1973 also introduced new provisions for financial settlements following divorce. This includes the principle of “fairness,” which requires the court to consider all the circumstances of the case and ensure that the settlement is fair to both parties.

One of the most significant changes introduced by the Matrimonial Causes Act 1973 was the creation of the Family Division of the High Court, which deals with family law matters such as divorce, custody, and adoption. This division replaced the old divorce courts, which were seen as outdated and inadequate for the modern era.

The Matrimonial Causes Act 1973 also recognized the equal status of both spouses in marriage, which was a significant change from the previous law that viewed the husband as the dominant partner. The act abolished the concept of “matrimonial offenses” and recognized that both spouses could be guilty of behaviour that could lead to the breakdown of the marriage.

The act also introduced new provisions for custody and access to children following divorce. These provisions require the court to consider the best interests of the child when making decisions about custody and access.

Overall, the Matrimonial Causes Act 1973 was a significant step forward in modernizing and simplifying divorce law in England and Wales. It eliminated many of the outdated and sexist aspects of the previous legislation and recognized the equal status of both spouses in marriage. The act also introduced new provisions for financial settlements, custody, and access to children, which have helped to ensure that divorce proceedings are fair and equitable for all parties involved.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

Latest Articles ↓

Most Popular ↓

You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

[post_title] was last updated on the 2nd June 2026

By Dom Watts

Dom Watts founded the Ministry of Injustice in July 2021. Dom is an IT Professional with 30+ years experience in Tier 1 Banking, Government, Defence, Healthcare and Global Blue Chips. Dom has no legal training and is not a lawyer but has previously consulted for a Magic Circle Law Firm. You can find Dom on X or Google.

Dom Watts publishes the Ministry of Injustice as a citizen journalist. The journalism exemption is detailed in the Data protection and journalism code of practice published by the ICO and Section 124 of the Data Protection Act 2018.

Section 2 of the Defamation Act 2013 sets out the defence of truth. Section 3 of the Defamation Act 2013 sets out the defence of honest opinion. Section 4 of the Defamation Act 2013 sets out the defence of public interest. Section 8 of the Defamation Act 2013 sets out the single publication rule.

Section 4a of The Limitation Act 1980 defines the time limit for actions for defamation or malicious falsehood as one year from the date on which the cause of action accrued.

Article 10 of the Human Rights Act 1998 gives the right to freedom of expression. "This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers."

"Free speech encompasses the right to offend, and indeed to abuse another." - Para 43 Scottow v CPS [2020] EWHC 3421 (Admin)

"Free speech is a fundamental common law right" - Para 21 R v Shayler [2002] UKHL 11 [2003] 1 AC 247 per Lord Bingham and Para 42 Phillips -v- Secretary of State for Foreign, Commonwealth and Development Affairs [2024] EWHC 32 (Admin)

Dom is a member of The Free Speech Union

“A key issue here is the need to distinguish between conduct which, however objectionable, does not justify invoking the criminal law and conduct which crosses the line and results in criminal liability" - Para 31 R v O’Neill [2016] EWCA Crim 92 [2016]

“Harassment is generally understood to involve improper oppressive and unreasonable conduct that is targeted at an individual and calculated to produce alarm and distress” - Para 38 R v O’Neill [2016] EWCA Crim 92 [2016]

"The behaviour said to amount to harassment must reach a level of seriousness passing beyond irritations, annoyances....The gravity of the misconduct must be of an order which would sustain criminal liability" - Paras [40-44] Hayden v Dickenson [2020] EWHC 3291 (QB)

"If you tell the truth, you don't have to remember anything"

In 2002 Dom Watts was an unlikely consumer champion. The dad of three from Croydon took on the power and might of Kodak – and won...Dom on BBC Working Lunch

Rule of Law - Open Justice - Policing By Consent