Part i divorce, nullity and other matrimonial suits. In reality, obtaining proof often necessitated hiring a solicitor andor a private detective to collect. The matrimonial causes property and maintenance act, 1958. This act may be cited as the matrimonial causes act 1959. Remedies under the act were judicial separation, restitution of conjugal rights, dissolution and annulment. Either party could petition for judicial separation on grounds of adultery, cruelty, or desertion for two years. Subject to this act, a court exercising jurisdiction under this act in proceedings for a decree of nullity of marriage, judicial separation, resti tution of conjugal rights or jactitation of marriage shall proceed and act. The repeal of the matrimonial causes act 1945 does not affect the operation of the amendment made by that act to the service and execution of process act 19011934 or the provision for the citation of. The nigerian matrimonial causes act 1970 is modeled after the australian. The matrimonial causes act 1959 provided 14 grounds for the grant of a decree of dissolution of marriage divorce, including adultery, desertion, cruelty, habitual drunkenness, imprisonment and insanity. They are minor if compared with the great problems of family law, such as th. Matrimonial causes 5 issue 1 chapter 152 matrimonial causes act date of commencement.
Among the powers of the australian parliament under section 51 of the. An act relating to marriage and matrimonial causes and, in parental rights and the guardianship of infants. To amend the law relating to the jurisdiction of the several divisions of the supreme court of south africa in matrimonial causes. Being an act relating to divorce and causes, and, in relation to such matters. This act shall come into operation on a date to be fixed by proclamation. The matrimonial causes property and maintenance act. Matrimonial causes 3 issue 1 chapter 152 matrimonial causes act arrangement of sections part i introductory section 1. Matrimonial causes act 1973 is up to date with all. This act may be cited as the matrimonial causes act. Matrimonial causes act an act to make provisions for matrimonial causes. Presently the marriage act governs the celebration of statutory marriages in nigeria. Grounds for pronouncing decrees of nullity of marriage. Matrimonial causes act 1959 and with some minor reflections on the english divorce reform act, 1969.
High court to have j urisdiction in matrimonial causes 5. The operation of the commonwealth matrimonial causes act in. The act reduced the powers of women deserted by their husbands to protect their property and income from him or any of his creditors. Petition for divorce 1 a petition for divorce may be presented to the court by either party to a marriage. The african ejournals project has digitized full text of. The queensland law before the passing of the commonwealth act was contained in a number of acts, the most important of which were. Matrimonial causes act 1959 1973 repealed by the family law act 1975. The matrimonial causes act 1864 is an act of the parliament of the united kingdom. Ernest sackville turner has argued that the common law of england, in the early part of the 19th century the nineteenth century, granted a wife fewer rights than had been accorded to under the later roman law, and hardly more than had been conceded to an. That act together with the marriage act 1961 consolidated the laws of marriage, nullity of marriage and divorce into one federal code.
Womens property and use rights in personal laws gender and. Overview caroline norton, who campaigned for improved divorce and infant custody laws in the 1870s the matrimonial causes act enabled couples to obtain a divorce through civil proceedings. The family law act 1975 cwlth abolished the fault concept in divorce law. Matrimonial causes act 19591973 repealed by the family law act 1975. The matrimonial causes act 1857 was an act of the parliament of the united kingdom. Act 1959, of managing and administering his or her property and. The matrimonial causes act, 1959, provides uniform grounds for divorce, nullity and other matrimonial causes throughout australia, uniform bars to relief and uniform bases of jurisdiction. Womens property and use rights in personal laws gender.
To succeed on one of these grounds, a spouse had to prove marital fault. Institution of matrimonial cause proceedings only under this act 1 after the commencement of this act, a matrimonial cause shall not be instituted. Allowing husbands who had deserted their wives or creditors of. Marriage of persons within prohibited degrees of affinity. Direct and indirect contribution of the spouses to the matrimonial property is taken into account in the decision on division of property 7. The combined effect of these two principal statutes on statutory marriages is that. Legal framework for settling marital disputes through. Institution of matrimonial causes proceedings only under this act. Suits for nullity of marriage, on account of fraud, incest, or other bar to the marriage. Extension of jurisdiction of the court in certain matrimonial causes. The matrimonial causes act was a landmark act of the british parliament enacted in 1857, which made dramatic changes to the existing divorce standards and granted women several important rights. This act may be cited as the matrimonial causes act chapter 5. Lionel murphy and the dignified divorce australian institute of family.
Matrimonial causes act 1959 federal register of legislation. Deals with division of property upon divorce in a registered marriage. In the english ecclesiastical courts there are five kinds of causes which are classed under this head. Proceedings under this act constituting a matrimonial cause shall be heard and determined by the court sitting without a jury. Grounds for petition for divorce1 subject to the pnvi sions of the next following section, a petition for divorce may be. Thus, the australian matrimonial causes act of 1959 and even more so the new zealand matrimonial proceedings act of 1963 had a very strong influence on the new divorce law in england which as we have so often noted, became itself a popular. The mca 1973 was introduced to consolidate certain enactments relating to matrimonial proceedings, maintenance agreements, and declarations of legitimacy, validity of marriage and british nationality. An act to amend the law relating to marriage, judicial separation and nullity of marriages.
The act was amended many times after 1863, and was superseded by the commonwealth matrimonial causes act in 1959, although cases. Matrimonial causes legal definition of matrimonial causes. Marriage and divorce supreme court library queensland. F1an act to consolidate certain enactments relating to matrimonial proceedings, maintenance agreements, and declarations of legitimacy, validity of marriage and british nationality, with amendments to give effect to recommendations of the law commission. Prior to the acts passage, divorce was available only to the wealthy, as it required either an ecclesiastical annulment or a private act of parliament. The court may exercise the powers vested in it by the provisions of section five of the matrimonial causes act, 1859, notwithstanding that there are no children of the marriage. Commonwealth of australia numbered acts matrimonial causes act 1959 no. Of proceedings application under section 7 of the act an application under section 7 of the act for leave to present a petition for divorce before the expiration of three years from the date of the marriage shall be made by originating summons. Certain children to be deemed to be children of the family part ii dissolution of marriage 6. Matrimonial causes act, 1950, the provisions which refer to. In 1976 the family court act established statecontrolled family courts which took over from the supreme court divorce and matrimonial causes jurisdiction. Matrimonial causes jurisdiction act 22 of 1939 namibia.
The matrimonial causes act 1973 the matrimonial causes acts 1857 to 1878 was the collective title of the following acts. It allows for an equitable distribution of matrimonial property between spouses upon divorce. The australian matrimonial causes act, 1959 international. An act relating to marriage and to divorce and matrimonial causes and, in relation thereto, parental rights and the custody and guardianship of infants. Commonwealth acts, the matrimonial causes act 1945 and the matrimonial causes act 1955 were repealed by the matrimonial causes act 1959. The act is intended to give effect to some of the minor recommendations of the royal commission on marriage and divorce. Apart from the transitional provisions dealing with pending proceedings, state laws with respect to matrimonial causes will cease to operate. My remarks will necessarily be confined, in the main, to experience in new south wales since that is the state in which i have seen the act.
Thus, the australian matrimonial causes act of 1959 and even more so the new zealand matrimonial proceedings act of 1963 had a very strong influence on the new divorce law in england which as we have so often noted, became itself a popular export product. The act reformed the law on divorce, moving litigation from the jurisdiction of the ecclesiastical courts to the civil courts, establishing a model of marriage based on contract rather than sacrament and widening the availability of divorce beyond those who could afford to bring proceedings for. Matrimonial causes act is a stock short title used for legislation in the united kingdom relating to marriage law. In this act, unless the context otherwise requires adultery includes any voluntary act of an intimate sexual nature, other than that regarded as an act. An act to provide for matrimonial causes and for other matters connected therewith. Matrimonial causes act 1963, being an act relating to divorce and causes, and, in relation to such matters, parental rights and the custody and guardianship of infants and for related purposes. An act to consolidate and amend the law relating to matrimonial causes act no. Act 1959 of such a kind or to such an extent as to be 1959 c.