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
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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(1)The Acts mentioned in the First Schedule to the extent thereby expressed to be repealed are hereby repealed accordingly.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(a)all persons things and circumstances appointed or created by or under the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed;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…