Bars to divorce

1) Section 3(1), MCA states that it is not possible to petition for a divorce until you have been married for one year.

2) Section 5, MCA provides a bar but this can only be used in cases based on the five years' separation. The court has the power to refuse to grant the divorce if two things are shown. First, that the respondent will suffer grave financial or other hardship if the divorce is granted. Second, that it would be wrong in all the circumstances to grant the divorce. The defence is rarely raised successfully.

3) Section 12A, MCA enables a court to make an order which means that a divorce will only be granted once the couple have confirmed they have arranged for their marriage to be dissolved in the eyes of their religion. If one party refuses to allow the religious divorce, the court might refuse to allow the legal divorce.

4) Section 10(2), MCA provides a bar that can be raised by a respondent but only for cases relying on two or five years' separation after the decree nisi. The court can only grant a divorce if it decides that financial arrangements for the petitioner are reasonable and fair, or the best that can be made in the circumstances.

5) Section 41, MCA allows a court not to make a decree of divorce absolute if there are exceptional circumstances which mean that a court might want to make an order in respect of the couple's childrenbut needs further consideration of the case.