MATRIMONIAL CAUSES.
No. 104 of 1959.
An Act relating to Marriage and to Divorce and Matrimonial Causes and, in relation thereto, Parental Rights and the Custody and Guardianship of Infants.
[Assented to 16th December, 1959.]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Part I.—Preliminary.
Short title.
1. This Act may be cited as the Matrimonial Causes Act 1959.
Commencement.
2. This Act shall come into operation on a date to be fixed by Proclamation.
Parts.
3. This Act is divided into Parts, as follows:—
Part I.—Preliminary (Sections 1-8).
Part II.—Marriage Guidance Organizations (Sections 9-13).
Part III.—Reconciliation (Sections 14-17).
Part IV.—Void and Voidable Marriages (Sections 18-22).
Part V.—Jurisdiction (Sections 23-27).
Part VI.—Matrimonial Relief.
Division 1.—Dissolution of Marriage (Sections 28-46).
Division 2.—Nullity of Marriage (Sections 47-51).
Division 3.—Judicial Separation (Sections 52-59).
Division 4.—Restitution of Conjugal Rights (Sections 60-64).
Division 5.—Jactitation of Marriage (Sections 65-66).
Division 6.—General (Sections 67-75).
Part VII.—Intervention (Sections 76-82).
Part VIII.—Maintenance, Custody and Settlements (Sections 83-89).
Part IX.—Appeals (Sections 90-93).
Part X.—Recognition of Decrees (Sections 94-95).
Part XI.—Evidence (Sections 96-101).
Part XII.—Enforcement of Decrees (Sections 102-109).
Part XIII.—Transitional Provisions (Sections 110-117).
Part XIV.—Miscellaneous (Sections 118-127).
Repeal and saving.
4.—(1.) The Matrimonial Causes Act 1945 and the Matrimonial Causes Act 1955 are repealed.
(2.) Notwithstanding the repeal effected by the last preceding sub-section—
(a) the validity of a judgment, decree or order made before the commencement of this Act by virtue of the Imperial Act entitled the Matrimonial Causes (War Marriages) Act, 1944 or Part I. of the Matrimonial Causes (War Marriages) Act, 1947 of New Zealand and in force immediately before the commencement of this Act shall continue to be recognized in all courts in the Commonwealth and the Territories of the Commonwealth;
(b) a judgment, decree, order or sentence of the Supreme Court of a State or Territory of the Commonwealth given, made or pronounced before the commencement of this Act in the exercise of jurisdiction invested or conferred by the Matrimonial Causes Act 1945 or that Act as amended by the Matrimonial Causes Act 1955 and in force immediately before the commencement of this Act shall continue to have effect throughout the Commonwealth and the Territories of the Commonwealth; and
(c) any proceedings instituted before the commencement of this Act in the Supreme Court of a Territory of the Commonwealth, not being a Territory to which this Act applies, by virtue of the jurisdiction conferred by the Matrimonial Causes Act 1945 or that Act as amended by the Matrimonial Causes Act 1955 may be continued and dealt with, and proceedings incidental to proceedings so instituted may be instituted, continued and dealt with, as if this Act had not been passed.
(3.) 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 1901-1934 or…