Marriage Act 1958 (Vic)

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Version No. 056

Marriage Act 1958

No. 6306 of 1958

Version incorporating amendments as at


1 November 2017

TABLE OF PROVISIONS

Section  Page

1Short title and commencement

2Repeal

3Definitions

Part VII—Guardianship and custody of minors

132Definitions

133Principle on which questions relating to minors are to be decided

134Equal right of mother to apply to court

135Rights of surviving parent as to guardianship

138Power to Court to remove guardian

139Saving

148Earnings of child

153Saving

155Rules

Part VIII—Provisions relating to property of married women &c.

156Capacity of married women

157"Separate property" and "restraint on anticipation" abolished

158Execution of general power

159Abolition of husband's liability for wife's torts and ante-nuptial contracts debts and obligations

160Husband or wife may sue each other for tort

161Questions between husband and wife as to property

Schedules

First Schedule

═══════════════

Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 056

Marriage Act 1958

No. 6306 of 1958

Version incorporating amendments as at


1 November 2017

An Act to consolidate the Law relating to Marriage and to Divorce and Matrimonial Causes and to Guardianship and Custody of Minors.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1Short title and commencement

This Act may be cited as the Marriage Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

2Repeal

(1)The Acts mentioned in the First Schedule to the extent thereby expressed to be repealed are hereby repealed accordingly.

(2)Except as in this Act expressly or by necessary implication provided—

(a)all persons things and circumstances appointed or created by or under the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed;

(b)in particular and without affecting the generality of the foregoing paragraph such repeal shall not disturb the continuity of status operation or effect of any regulation rule appointment application order decree authority direction declaration marriage registration certificate validation intervention security petition action judgment settlement appeal service agreement consent fee affidavit affirmation summons warrant notice notification liability or right made effected issued granted given presented passed fixed accrued incurred or acquired or existing or continuing by or under any of such Acts before the commencement of this Act; nor shall such repeal affect the operation of subsection (4) of section eight of the Marriage (Property) Act 1956.

3Definitions

(1)In this Act—

the Court means the Supreme Court.

(2)In any Act and any entry register certificate or other document unless the contrary intention appears—

the expression registrar…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.