Section 1 Matrimonial Causes Act 1970

Section 1 of the Matrimonial Causes Act 1970 is about Institution of matrimonial cause proceedings only under this Act. It provides as follows:

(1) After the commencement of this Act, a matrimonial cause shall not be instituted otherwise than under this Act.

(2) If a matrimonial cause has been instituted before the commencement of this Act but not completed, it shall be continued and dealt with only in accordance with the provisions of this Act.

(3) Where before or after the commencement of this Act, a matrimonial cause has been or is instituted, and whether or not it has been completed, proceedings in relation thereto for any relief or order of a kind that could be sought under this Act shall be instituted after the commencement of this Act only under this Act, so however that, subject to the succeeding provisions of this and the next section-

(a)
any jurisdiction of a court of summary jurisdiction of a State or of a court of appeal from such a court, under the law of that State, to make-
(i) orders with respect to the maintenance of wives or children or the custody of or access to children; or
(ii) separation orders or other orders having the effect of relieving a party to a marriage from any obligation to cohabit with the other party, shall not be affected by this Act or any proceedings thereunder; and

(b) proceedings for or in respect of such an order, or for its enforcement, may be continued or instituted as if this Act had not been made.

(4) Where a marriage is dissolved or annulled by a decree of a court of competent jurisdiction under this Act-
(a) any jurisdiction of such a court or of a court on appeal from such a court, to make orders of the kind specified in subsection (3) (a) of this section shall, by virtue of this subsection, cease to be applicable in relation to the parties to the marriage or the children of the marriage; and

(b) any order of that kind (unless it is a maintenance order, when subsection (6) of this section will apply) made by such a court in relation to those parties or children shall cease to have effect.

(5) A court in the exercise of its jurisdiction under this Act may at any time by order direct that an order of the kind specified in subsection (3) (a) of this section made by a court of summary jurisdiction, or by a court on appeal from such a court, shall cease to have effect; and that order shall cease to have effect accordingly.

(6) Where an order of the kind specified in subsection (3) (a) of this section made with respect to the maintenance of a wife or of children ceases to have effect under subsection (4) or (5) of this section, the order made may, in so far as it relates to any period before it so ceased to have effect, be enforced as if this Act had not been made.

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