Matrimonial Causes
No. 99 of 1965
An Act to amend the Matrimonial Causes Act 1959.
[Assented to 13 December, 1965]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Matrimonial Causes Act 1965.
(2.) The Matrimonial Causes Act 1959 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Matrimonial Causes Act 1959–1965.
Commencement.
2. This Act shall come into operation on a date to be fixed by Proclamation.
3. After section 6 of the Principal Act the following section is inserted:—
Polygamous marriages.
“6a.—(1.) Subject to this section, a union in the nature of marriage entered into outside Australia or under Division 3 of Part IV. of the Marriage Act 1961 that was, when entered into, potentially polygamous is a marriage for the purposes of proceedings under Part VI. of this Act in respect of the union, and for the purposes of proceedings in relation to any such proceedings, where it would have been a marriage for those purposes but for the fact that it was potentially polygamous.
“(2.) This section does not apply to a union unless the law applicable to local marriages that was in force in the country, or each of the countries, of domicile of the parties at the time the union took place permitted polygamy on the part of the male party.
“(3.) This section does not apply to a union where, at the time the union took place, either of the parties was a party to a subsisting polygamous or potentially polygamous union, but this section does apply to a union notwithstanding that the male party has, during the subsistence of the union, contracted, or purported to contract, a further union in the nature of marriage, whether or not the further union still subsists.”.
Extension of Act to Territories.
4. Section 7 of the Principal Act is amended by omitting sub-section (2.).
Supersession of existing laws.
5. Section 8 of the Principal Act is amended—
(a) by omitting from sub-section (4.) the words “a marriage is dissolved or annulled by a decree under this Act” and inserting in their stead the words “a decree of dissolution of a marriage or nullity of a voidable marriage made under this Act becomes absolute or a decree of nullity of a void marriage is made under this Act”; and
(b) by inserting after sub-section (4.) the following sub-section:—
“(4a.) The last preceding sub-section does not—
(a) affect the jurisdiction of a court to make an order in respect of the maintenance of a child of the marriage against a person other than a party to the marriage; or
Overview
The Matrimonial Causes Act 1965 was enacted by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia, and it aimed to amend the Matrimonial Causes Act 1959. This Act introduced several changes to the existing legislation to address issues such as the recognition of potentially polygamous marriages entered into outside Australia, the extension of the Act to the territories, and the protection of child welfare laws. The policy objective of this Act was to provide a more comprehensive and inclusive legal framework for matrimonial causes, ensuring that the rights and responsibilities of all parties involved in a marriage were adequately addressed. The Act also aimed to clarify the circumstances under which a decree of dissolution of marriage could be granted, taking into account factors such as condonation, connivance, and the welfare of any children involved.
Scope and Application
The Matrimonial Causes Act 1965 applies to persons who are married or were married and provides provisions for the dissolution of marriages, annulment of marriages, and related matters. It applies throughout the Commonwealth of Australia, including the states and territories, and amends the Matrimonial Causes Act 1959 to include these provisions. The Act applies to potentially polygamous marriages entered into outside Australia, provided the local law at the time permitted polygamy on the part of the male party and neither party was already in a polygamous or potentially polygamous union. The Act does not affect existing child welfare laws or the jurisdiction of state or territory courts over children who are wards of the State or have a similar status under territory law. The Act also includes provisions for the recognition of void marriages, marriages within prohibited degrees of affinity, and the effect of condonation or connivance on decrees of dissolution of marriage. Subordinate instruments may extend or restrict the application of this Act.
Key Provisions
- The Matrimonial Causes Act 1965, as amended, introduces several key provisions that affect the interpretation and application of matrimonial law in Australia. Section 6a (1) clarifies that a union entered into outside Australia or under the Marriage Act 1961 that was potentially polygamous when entered into will be considered a marriage for the purposes of proceedings under Part VI of the Act, provided the local law of the country where the union took place permitted polygamy on the part of the male party. This clarification ensures that such unions are recognised within Australian law when relevant. Section 8a (1) states that courts shall not make orders under Part VIII for the maintenance, custody, or guardianship of a child who is a ward of the State or a State child under state or territory law, ensuring that state and territory child welfare laws are not affected by this Act.
- The Act imposes several obligations on the parties and entities it governs. For instance, section 6a (2) and (3) impose conditions under which the polygamous nature of a marriage is recognised, ensuring that such recognition does not occur unless specific criteria are met. Section 8a (2) maintains the jurisdiction of state and territory courts to make orders concerning children who are wards of the State, preserving the authority of these courts in child welfare matters. Additionally, section 39 establishes that a decree of dissolution of marriage shall not be made upon certain grounds if the petitioner has condoned or connived at the ground, imposing a requirement on petitioners to demonstrate that they have not condoned or connived at the behaviour leading to the dissolution of the marriage.
- The Act also outlines consequences for breach, although it does not specify maximum penalties. Section 39a allows for the rebuttable presumption of condonation arising from the continuance or resumption of sexual intercourse, providing a legal framework for addressing such presumptions in court. Section 41a specifies conditions under which cohabitation with a view to reconciliation does not lead to condonation, providing clarity on the circumstances under which reconciliation efforts do not negate grounds for dissolution. Section 71 mandates that a decree nisi of dissolution of marriage or nullity of a voidable marriage does not become absolute unless the court is satisfied that proper arrangements have been made for the welfare of any children under sixteen years of age or that special circumstances exist, imposing a requirement on courts to ensure child welfare is considered before making a decree absolute.
- Area of Law
- Family Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Repeal & Amendment
- Transitional Provisions
- Offence Provisions
- Enforcement Powers
- Child Welfare
