ABSTRACT
It is common to encounter examination questions which require candidates to outline the financial options if the parties are not prepared, or able, to divorce. It is crucial to remember that when the examiner tells you that a party is not intending to divorce, this is done to help guide you. Do not consider the extensive possibilities under the Matrimonial Causes Act (MCA) 1973 ss 23 and 24. Instead, financial provision for spouses may be sought from the Magistrates’ Court under the Domestic Proceedings and Magistrates’ Courts Act (DPMCA) 1978, or from the County Court under the provisions in the MCA 1973 s 27.
