| A N N O | Q U A D R A G E S I M O | Q U A R T O |
No. XXXI.
All Act to amend the L a w re la t ing to Divorce
| and Matr imonia l Causes. | [Reserved—25th |
| March, 1881.] |
| privileges in t he m a t t e r of Divorce on women as are now held a n d | WH E R E A S it is expedient to amend a n d Mat r imonia l Causes a n d to confer t h e same r igh ts and |
| enjoyed b y m e n Be it therefore enacted by the Queen ' s Mos t Exce l len t Majesty by and wi th t h e advice and "consent of t h e Legisla t ive Council and Legis la t ive Assemblv of N e w South Wales in P a r l i a m e n t assembled and by the au tho r i t y of t he same as follows :— |
t h e L a w re la t ing to Divorce
| 1. On a n d after t h e pass ing of th is A c t it shall be lawful | for |
| a n y wife whose husband | shall a t t h e t ime of t h e ins t i tu t ion of t he | suit |
| be domiciled in N e w South W a l e s to presen t a | pe t i t ion | to | t he | Cour t |
| p ray ing t h a t | he r | mar r i age | m a y be dissolved on the g round t h a t | since |
| t h e celebration thereof | he r husband has been gui l ty of | adu l te ry | A n d |
every such pet i t ion shal l s ta te as d is t inc t ly as t h e n a t u r e of t h e case pe rmi t s the facts on which the claim to have such mar r iage dissolved
2. E v e r y such pe t i t ion shall s ta te t h e fact of such domicile and
proof thereof to the satisfaction of t he Cour t shall he given before any decree in t h e sui t shall be p ronounced and i t shall be s ta ted in any decree for dissolving the mar r i age t h a t such proof has been so given.
| 3. I n case t h e Cour t shal l be satisfied | on the evidence t h a t t h e |
| case of t h e pet i t ioner has been proved | a n d shal l n o t | find | t h a t | t he |
| pet i t ioner has been in any m a n n e r accessory to or conniving a t | t he |
adul te ry of t h e o ther pa r ty to t h e mar r i age or has condoned the adul te ry complained of or t h a t t h e pet i t ion is presented or prosecuted in collusion wi th e i ther of t h e respondents t h e n the Cour t shall p ronounce a decree declar ing such mar r i age to be dissolved Provided t h a t t h e Cour t shall no t be bound to p ronounce such decree if i t shal l find t h a t t h e pet i t ioner has du r ing t h e mar r i age been gui l ty of adu l te ry or if t h e pet i t ioner shal l in t h e opinion of t he Cour t have been gui l ty of unreason able delay in presen t ing or prosecut ing such pe t i t ion or of h a v i n g deserted or wilfully separated herself from he r h u s b a n d before t h e adul te ry complained of or of such wilful neglec t collusion or misconduct
| as has conduced to t h e | adu l te ry . |
| 4>. I n all respects o ther t h a n those in th i s A c t | specifically |
provided for t h e several clauses and provisions of t h e A c t hereby amended shall apply to pet i t ions and sui ts unde r th i s A c t and to all proceedings the re in as far as it shall be pract icable .
| 5. This A c t m a y be cited as t he " Mat r imon ia l | Causes A c t |
| A m e n d m e n t | A c t | of | 1881. | " |