Matrimonial Causes Acts Amendment Act of 1943 (7 Geo Vi No. 20) (Qld)

MATRIMONIAL CAUSES. 352A APPENDIX C. "The Matrimonial Causes Acts Amendment Act of 1943." * An Act to Amend "The Matrimonial Causes Acts, 7 ! i~ ? 2d? ' 1864 to 1931," in certain particulars. MATl~ : ~NIAL CAUSES ACTS AMENDMENT [RESERVED: HIS MAJESTY'S ASSENT PROCLAIMED ACT OF 1943. 24TH AUGUST, 1943.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - I (1.) This Act may be cited as "The Matrimonial Short title Causes A~ts Amendment AC.t of ~ 943, " and shall be read : ~ : ; struction. as one WIth t" The Matnmomal Causes Acts, 1864 to 1931," herein collectively referred to as the Principal Act. (2.) The Principal Act and this Act may collectively qollectivc be cited as "The Matrimonial Causes Acts, 1864 to tItle. 1943." 2. Section thirty-seven of t" The JJlatrimonial Amendment Causes Jurisdiction Act of 1864" (as amend,ed by ofs.37. subsequent Acts) is amended by the addition thereto of the following new proviso, as follows :- "Provided also that where any married person When seeking a decree of dissolution of marriage al.leges to swerr. lvtimceaoyf b e the court that the other party to the marrIage has dispensed continuously deserted him or her for at least five years with. (such desertion being wholly before or partly before and partly after, or wholly after, the commencement of §" The Matrimonial Causes Acts A mendment Act of 1943") and that such other party is able to secrete herself or himself or keep herself or himself out of the way and has, in fact, so secreted herself or himself or kept herself or himself out of the way whereby she or he cannot be found, the court may if in any such case * See Appendix A, 8upra, p. 347, for Reserved Bill. See Gazette of 24th August, 1943, p. 781 for Proclamation of His Majesty's Assent, and Gazette of 1st S ptember, 1943, p. 1039, for Act. t 28 V. No. 29 and amending Acts. See v. 6, pp. 40 et seq. t 28 V. No. 29. See v. 6, p. 40. § This Act. L2

352B MATRIMONIAL CAUSES. Matrimonial Causes Acts Amendment Act. 7 GNO. VI. No. 20, 1943. it would, pursuant to its powers and authorities under this section, dispense with the service of the petition on the party to be affected thereby, dispense also with the service of the writ on such party." New s. 39A. 3. A new section (39A) is inserted after section thirty-nine of *" The Matrimonial Oauses Jurisdiction Act of 1864" (as amended by subsequent Acts), as follows:- Proceedings " [39A.] (1.) Any married person who alleges that ~ ~: S=~ hlo~ f reasonable grounds exist for supposing that the other of death party to the marriage is dead may present a petition to ilis~ olution the court to have it presumed that the other party is of marriage. dead and to have the marriage dissolved, and the court, EJe:: : ~ d \ if satisfied that such reasonable grounds exist, may make c. 57, s. 8. a decree of presumption of death and of dissolution of the marriage. (2.) In any such proceedings the fact that for a period of seven years or upwards (such period being wholly before, or partly before and partly after, or wholly after t" The Matrimonial Oauses Acts Amendment Act of 1943 ") the other party to the marriage has been continually absent from the petitioner, and the petitioner has no reason to believe that the other party has been living within that time, shall be evidence that he or she is dead until the contrary is proved. (3.) Sections twenty-two and fifty-two of this Act and sections seven and ten of t" The Matrimonial Oauses Act of 1875 " shall apply to a petition and a decree under this section as they apply to a petition for divorce and a decree of divorce respectively." * 28 V. No. 29. See v. 6, p. 40. t This Act. t 39 V; No. 13. See v. 6, p. 78.