Divorce Extension Act of 1887 No 26a (NSW)

ANNO Q U I N Q U A G E S I M O P R I M O

VICTORAE REGINAE.

No. XV.

An Act to amend and extend the Law of

Divorce. [Reserved—13th July, 1887.]

WH E R E A S it is desirable in the interests of morality and for the relief of unoffending married persons to extend the provisions	of the Law of Divorce to certain cases of desertion cruelty drunken­
ness and conviction for crime in which the objects of marriage are by the conduct of the offending party equally defeated as in the case of adultery and it is desirable also in certain other particulars to amend the existing law B e it therefore enacted by the Queen's Most Excellent
Majesty by and with the advice and consent of the Legislative Council
and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows :—

1 . Any married person who at the time of the institution of

the suit shall have resided in this Colony for two years and upwards may present a petition to the Supreme Court in the form prescribed
by the " Matrimonial Causes A c t " (thirty-sixth Victoria number nine) or by the Pules made under the same praying on one or more of the
grounds in this section mentioned that his or her marriage with the

respondent may be dissolved—

(I) On the ground that the respondent has without just cause or

excuse wilfully deserted the petitioner and without any such
cause or excuse left him or her continuously so deserted during

three years and upwards.

M ( I I )

(II) On t h e g round t h a t t he respondent has by con t inued h a b i t s

of d runkenness du r ing two years and upwards hab i tua l ly left

his wife w i t h o u t t he means of suppor t or be ing t h e pet i ­

t ioner 's wife has by such habi t s for a l ike period habi tua l ly neglected he r domestic dut ies or rendered herself unfi t to

discharge	t h e m .
(III)	On t h e g round t h a t a t t he t ime of t h e presenta t ion of t h e pe t i t ion t h e respondent has been imprisoned for a per iod of n o t less t h a n twelve m o n t h s and is still imprisoned u n d e r a c o m m u t e d sentence for a capi ta l cr ime or u n d e r a sentence for seven years or upwards for some other c r ime or be ing a h u s b a n d has by reason of f requent convictions for c r ime left his wife hab i tua l ly du r ing two years and upwards w i t h o u t
t h e means of suppor t .

(IV) O n the g r o u n d t h a t w i th in six m o n t h s previously t h e

respondent has been convicted of hav ing a t t e m p t e d to

m u r d e r t h e pe t i t ioner or on t h e g round t h a t t h e respondent

has repeatedly d u r i n g t h a t period assaul ted a n d cruel ly

bea ten t h e pet i t ioner or otherwise d u r i n g a period of	two
years been repeatedly gu i l ty of c rue l ty towards her .

2. I f i n t h e opinion of t h e Cour t t h e Pet i t ioner ' s own habi t s or

conduct induced or cont r ibu ted to t h e w r o n g complained of t h e

pe t i t ion m a y be dismissed B u t in al l o ther cases u n d e r th i s A c t

if t h e Cour t is satisfied t h a t t he case of t h e Pe t i t ioner is established i t shall be lawful for t he Cour t to p ronounce a decree dissolving the mar r i age Provided always t h a t in a n y suit unde r t h e provisions of th i s A c t in which the Cour t shall have pronounced a decree dissolving t h e mar r i age it shall no t be lawful for t he respondent the re in to con­ t r a c t ano ther mar r i age before t he expira t ion of two years from t h e t i m e w h e n such decree shal l have been m a d e absolute and if any respondent in such sui t shal l con t rac t ano ther mar r i age wi th in t h e said t ime such respondent shall be gu i l ty of b igamy a n d the said last- men t ioned mar r i age shall be void.

3. So far as they severally are applicable all the provisions of t h e

" M a t r i m o n i a l Causes A c t " and the Ac t s a m e n d i n g t h e same shal l app ly

to decrees pet i t ions and suits u n d e r th i s A c t a n d to t h e par t ies a n d al l

proceedings the re in and to al l persons affected the reby A n d in every

such suit t h e par t ies shall have t h e same r igh t of Appea l respect ively aga ins t a n y Decree or Order as t hey would be ent i t led to in respect of a Decree or Order p ronounced or m a d e unde r t h e first ment ioned A c t

and shall have t h e same r i g h t of t r ia l of contested m a t t e r s of fact by

a j u r y	A n d every Decree or Order m a y on Appea l be reversed or
varied as t he Cour t shal l t h i n k	proper .

4. The Court shall have t h e same power of g r an t ing Orders to

sue or defend in forma pauperis in any suit u n d e r th i s or t h e reci ted

A c t or A c t s as in cases a t law or in equ i ty—and m a y in a n y sui t

a t a n y s tage thereof and from t ime to t ime m a k e a n Order forbidding the publ icat ion of t he evidence there in e i ther as to t h e whole or port ions thereof A n d t h e b reach of any such Order m a y be deal t

w i t h as for Con tempt of Cour t .

5 . The word " C o u r t " in th is A c t shal l ordinari ly be t aken to

m e a n t h e J u d g e exercis ing jur isdic t ion in ma t r imon ia l causes b u t for

t h e purposes of an Appea l shal l af ter i ts ins t i tu t ion m e a n t h e Supreme

Court consis t ing of t h ree J u d g e s s i t t ing as in banco A n d th is A c t

m a y be cited as t h e " Divorce Ex tens ion A c t of 1887 ."