Matrimonial Causes Act 1959

Legislation au C1959A00104 Not in force Act

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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 The Matrimonial Causes Act 1945 and the Matrimonial Causes Act 1955 are repealed.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…

Overview

The Matrimonial Causes Act 1959 (C1959A00104) was enacted to provide a comprehensive framework for addressing marriage-related issues, including marriage dissolution, nullity, reconciliation, and the welfare of children. This Act replaced earlier legislation such as the Matrimonial Causes Act 1945 and the Matrimonial Causes Act 1955, ensuring that existing laws were updated and streamlined. The Act was assented to on 16th December, 1959, and it aims to provide clear guidelines for the judicial process in matrimonial matters while considering the welfare of any children involved. It also sets out the jurisdiction of various courts in handling these matters and provides mechanisms for the enforcement of decrees related to maintenance and custody.

Scope and Application

The Matrimonial Causes Act 1959 applies to all persons and entities involved in marriage and related proceedings in Australia, including the Australian Capital Territory, the Northern Territory, and Norfolk Island. The Act governs various aspects of matrimonial causes, including marriage guidance organizations, reconciliation efforts, void and voidable marriages, jurisdiction, and the dissolution of marriage. It also provides for maintenance, custody, and settlements related to marriage. The Act extends to all territories of the Commonwealth, but certain provisions apply specifically to the Australian Capital Territory, the Northern Territory, and Norfolk Island. The Act supersedes previous legislation on the same subject, namely the Matrimonial Causes Act 1945 and the Matrimonial Causes Act 1955, while maintaining the validity of certain judgments, decrees, and orders made under those repealed Acts. The Act provides for the approval of marriage guidance organizations and establishes conditions for their operation, including the requirement for counsellors to take an oath of secrecy regarding any communications made during their work. The Act also outlines the circumstances under which a marriage may be considered void or voidable and sets out the grounds for dissolution of marriage, including adultery, desertion, cruelty, and imprisonment. The Act details the procedural aspects of matrimonial proceedings, including the institution of proceedings, the role of the court, and the enforcement of decrees. Subordinate instruments, such as rules and regulations, may extend or restrict the application of the Act by providing further detail on specific aspects of the law, such as practice and procedure or enforcement mechanisms.

Key Provisions

  • The Matrimonial Causes Act 1959 (C1959A00104) establishes the legal framework governing marriage, divorce, and related matters in Australia. The Act is divided into several parts, each addressing different aspects of matrimonial causes. Key provisions include the establishment of the court's duty to consider reconciliation between parties (Part III), the criteria for void and voidable marriages (Part IV), and the grounds for dissolution of marriage (Part VI, Division 1). These provisions outline the legal standards and processes for addressing marital disputes, ensuring that the court considers reconciliation before proceeding to dissolution or nullity of marriage. Additionally, the Act specifies the conditions under which a marriage may be deemed void or voidable, such as cases of prohibited degrees of consanguinity or affinity, or where consent to the marriage was obtained by fraud or duress.
  • The Act imposes several obligations on parties involved in matrimonial causes, including the duty of the court to consider reconciliation and the requirement for parties to provide certain information and adhere to court orders. For instance, the court must give consideration to the possibility of reconciliation of the parties to the marriage and may interview the parties in chambers to effect a reconciliation (Section 14). Furthermore, parties must comply with court orders, such as those for the payment of maintenance or custody of children, and failure to comply can result in enforcement actions, including attachment of earnings or imprisonment (Sections 102 and 106).
  • Breaches of the Act can lead to various civil and criminal consequences. For example, publishing details of proceedings in contravention of the restrictions set out in the Act is an offence punishable by a fine and/or imprisonment (Section 123). Additionally, parties found guilty of collusion with intent to cause a perversion of justice may have a decree rescinded, and intervention by the Attorney-General or other persons can lead to the rescission of a decree nisi (Sections 80 and 120). The maximum penalties for such offences include fines up to AUD 1,000 and imprisonment up to one year, depending on the nature and severity of the breach. These provisions ensure that the legal process is upheld and that parties are held accountable for their actions within the matrimonial framework.

Legal classification tags

Area of Law
Family Law
Civil Litigation & Procedure
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Enforcement Powers
Licensing & Registration
Civil Penalty Provisions
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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.