Description of the legal term Matrimonial Causes:
Matrimonial causes in the context of British law refer to the legal grounds for the dissolution of a marriage, the annulment of a marriage, or a legal separation. These matters are primarily governed by the Matrimonial Causes Act 1973. This legislation provides the sole framework for divorce proceedings in England and Wales, stating that the only ground for a divorce is the irretrievable breakdown of a marriage. This breakdown must be substantiated by one of five facts: adultery, unreasonable behaviour, desertion for two years, two years’ separation with consent, or five years’ separation without consent.
The Act also governs financial relief for parties in these proceedings, including property adjustments, maintenance payments, and pension sharing or splitting. It ensures that the courts have the necessary powers to make financial orders upon the grant of a decree of divorce, nullity, or judicial separation, taking into account the needs of the parties involved and any children of the family. These financial orders can significantly impact the economic stability of individuals post-divorce, underscoring the importance of the Act in providing a framework for fair divisions of assets.
Aside from the financial aspects, the Act also enables the court to make orders regarding children’s welfare. Although specific child arrangements are not labeled as matrimonial causes, decisions about where a child should live or with whom they should have contact can be made within the proceedings if the separating couple cannot reach an agreement independently.
When dealing with matrimonial causes, the role of the Family Court is critical. The court must ensure that the provisions of the Act are fairly and consistently applied, taking into account all relevant circumstances of the case. This includes considering any evidence of the facts cited for the marriage’s irretrievable breakdown, as well as making appropriate orders regarding financial relief and child arrangements where necessary.
An understanding of matrimonial causes is essential not only for practicing family lawyers but also for individuals who are going through the process, as it informs them of their rights and obligations under the law.
Legal context in which the term Matrimonial Causes may be used:
Consider a couple where one partner has committed adultery. Under the Matrimonial Causes Act, this is one of the acceptable facts which a party to a marriage can use to prove the irretrievable breakdown required for a divorce. If one spouse discovers that the other has been unfaithful, they can file for divorce citing adultery as the reason. The aggrieved party must prove that the adultery took place and that they find it intolerable to live with the offending spouse. Once established, the court can move forward with the divorce proceedings. If the couple has children, the court will also consider their welfare and may incorporate child arrangement orders into the final decree, although this is separate from the matrimonial cause for the divorce itself.
Another example is when a couple has lived apart for a prolonged period. If the couple has been living separately for more than two years and both agree to a divorce, they can apply for a divorce citing two years’ separation with consent. This is typically considered a more amicable ground for divorce, as it involves mutual agreement. However, if there is no consent, one partner must wait until they have been separated for five years before applying for a divorce without their spouse’s agreement. This aspect of matrimonial causes is designed to accommodate different circumstances that couples might face, providing them with a means to end their marriage without assigning blame if the necessary time period has elapsed.
The concept of matrimonial causes is integral to the functioning of family law in the United Kingdom. It delineates the acceptable legal grounds for the dissolution of a marriage, ensuring that the process is carried out justly and with due regard for all parties involved, including any children. The Matrimonial Causes Act is a bedrock of British family law, and its application by the courts plays a critical role in upholding the rule of law within familial relationships.
