Divorce Guide

Matrimonial Causes Act 1973

Law is the final frontier of any dispute resolution in today’s world. After a divorce, comes the time when all the disputes seem to arise from everywhere for both the parted couples. Although the court decides and divides all the assets and properties more or less equally but still there exist no fixed codified system of division of the assets between the couple. The process is undertaken to a large extent by the discretionary powers of the court of law of the country. Though the division is discretionary about how and whatever the court feels is the correct way of division, there exists the Matrimonial Causes Act of 1973 which applies in countries as England and Wales. Although some countries have extensive laws laid down under their legal systems, the Matrimonial Causes Act (MCA) of 1973 in force seeks to provide the basic and essential factors that the court should take into account while deciding a case. These factors include and suggest thus helping a court to come to the conclusion of deciding what is fair and what is not, at a particular instance in a case.

The Matrimonial Causes Act, 1973 provides for the court of law to suggest what it should keep in mind while deciding what is “fair”. It directs the Court to look and see the following basic things before giving any verdict:

1. The foremost important thing remains the welfare of the child of the marriage. It remains the priority of the court to ensure a good future life for the spousal child after the divorce. Ensuring this may include maintenance for the child, a home and proper provisions for the child’s education and basic needs.
2. The act directs the court to consider in detail the family income, property of any kind, the earning capacity of the members and resources available to both the spouses.
3. It instructs court to keep in mind any financial obligation or responsibility of any of the spouse.
4. Marriage Causes Act 1973 provides for the proper analysis of the family’s living standard before the marriage’ breakdown; as well as any disability among the spouses which needs to be taken care of.
5. The duration of the marriage and age of the couples are also considered.
6. The court also takes into account any bad or unruly behaviour of any spouse during the marriage which may invite special privileges to the other party.
7. The court also looks into each spouse’s contribution towards making of the welfare of the family which includes the bringing up of the family child (or children).

The Act and laws are always a complex issue and come into effect differently in different cases. Each special case needs a different interpretation of the statute and taking professional legal help and aid is highly advisable in such cases.

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