Matrimonial causes (1871) (WA)

WESTERN AUSTRALIA

ANNO TRIGESIMO QUARTO

VICTORDE REGIME

No. 7

An Act to amend the procedure and powers of the Court

for Divorce and Matrimonial Causes.

[Assented to 2nd January, 1871.

HEREAS by number 19 of the Ordinances passed in the 27th 27 Vie., No. t9,

year of the reign of Her present Majesty, intituled An '.29

W Ordinance to regulate Divorce and Matrimonial Causes,' it is by the

twenty-ninth section enacted that the Court may, on pronouncing any decree for a dissolution of marriage, order that the husband shall to the satisfaction of the Court secure to the wife such gross or annual

34 VICTORDE. No. 7

Administration of Justice (Divorce, c6c.)

sum of money as to the Court may seem reasonable, and for that purpose may refer it to any conveyancing counsel to settle and approve of a proper deed to be executed by all necessary parties : And whereas it may happen that a decree for a dissolution of marriage may be obtained against a husband who has no property on which payment of any such gross or annual sum can be secured, but nevertheless he would be able to make a monthly or weekly payment to the wife during their joint lives : Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows :—

Power to order 1. In every such case it shall be lawful for the Court to make an

.,t,e123,113;,„(7,„,„ts order on the husband for payment to the wife during their joint lives

husband onto wife from of such monthly or weekly sums for her maintenance and support as

dissolution of the Court may think reasonable : Provided, always, that if the

marriage husband shall afterwards from any cause become unable to make such

payments, it shall be lawful for the Court to discharge or modify the order, or temporarily to suspend the same as to the whole or any part of the money so ordered to be paid, and again to revise the same order, wholly or in part, as to the Court may seem fit.

In ease of oppo-	2. In any suit instituted for dissolution of marriage, if the respon- dent shall oppose the relief sought on the ground in case of such a suit instituted by a husband of his adultery, cruelty, or desertion, or in case of such a suit instituted by a wife on the ground of her adultery, or cruelty, the Court may in such suit give to the respondent, on his or her application, the same relief to which he or she would have been entitled in case he or she had filed a petition seeking such relief.
sition on certain
grounds

Decree nRi not	3. No decree nisi for a divorce shall be made absolute until after the
absolute till

after six months

expiration of six calender months from the pronouncing thereof, unless

the Court shall, under the power now vested in it, fix a shorter time.

FREDK. A. WELD,

GOVERNOR AND COMMANDER-IN-ORIEL