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Contents

Long Title

Part I PRELIMINARY

Part II MONOGAMOUS MARRIAGES

Part III SOLEMNIZATION OF MARRIAGES

Part IV REGISTRATION

Part V PENALTIES AND MISCELLANEOUS PROVISIONS RELATING TO SOLEMNIZATION AND REGISTRATION OF MARRIAGES

Part VI RIGHTS AND DUTIES OF HUSBAND AND WIFE

Part VII PROTECTION OF FAMILY

Part VIII MAINTENANCE OF WIFE AND CHILDREN

Part IX ENFORCEMENT OF MAINTENANCE ORDERS

Part X

Chapter 1 — DIVORCE

Chapter 2 — JUDICIAL SEPARATION

Chapter 3 — NULLITY OF MARRIAGE

Chapter 4 — FINANCIAL PROVISIONS CONSEQUENT ON MATRIMONIAL PROCEEDINGS

Chapter 4A — Financial relief consequential on foreign matrimonial proceedings

Chapter 5 — WELFARE OF CHILDREN

Chapter 6 — GENERAL PROVISIONS

Part XI OFFENCES AGAINST WOMEN AND GIRLS

Part XII MISCELLANEOUS

FIRST SCHEDULE Kindred and Affinity Prohibited Degrees of Relationship

SECOND SCHEDULE Consents Required to the Marriage of A Minor

Legislative History

 
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On 26/05/2013, you requested for the version in force on 26/05/2013 incorporating all amendments published on or before 26/05/2013. The closest version currently available is that of 28/03/2013.
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Chapter 2 —
JUDICIAL SEPARATION
Judicial separation
101.
—(1)  A writ for judicial separation may be filed in court by either party to a marriage on the ground and circumstances set out in section 95(3), and that section shall, with the necessary modifications, apply in relation to such a writ as it applies in relation to a writ for divorce.
[42/2005]
(2)  Where a court grants a judgment of judicial separation, it shall no longer be obligatory for the plaintiff to cohabit with the defendant.
[42/2005]
(3)  The court may, on an application by writ of the spouse against whom a judgment of judicial separation has been made and on being satisfied that the allegations in the writ are true, rescind the judgment at any time on the ground that it was obtained in the absence of the plaintiff or, if desertion was the ground of the judgment, that there was reasonable cause for the alleged desertion.
[42/2005]
Judicial separation no bar to writ for divorce
102.
—(1)  A person shall not be prevented from filing a writ for divorce, or the court from pronouncing a judgment of divorce, by reason only that the plaintiff or defendant has at any time been granted a judicial separation upon the same or substantially the same facts as those proved in support of the writ for divorce.
[42/2005]
(2)  On any such writ for divorce, the court may treat the judgment of judicial separation as sufficient proof of the adultery, desertion or other ground on which it was granted, but the court shall not grant a judgment of divorce without receiving evidence from the plaintiff.
[42/2005]
(3)  For the purposes of any such writ for divorce, a period of desertion immediately preceding the institution of proceedings for a judgment of judicial separation shall, if the parties have not resumed cohabitation and the judgment has been continuously in force since it was granted, be deemed immediately to precede the filing of the writ for divorce.
[42/2005]
Judicially separated spouses not entitled to claim in intestacy of each other
103.  If, while a judgment of judicial separation is in force and the separation is continuing, either of the parties whose marriage is the subject of the judgment dies intestate after 1st June 1981, all or any of his or her movable or immovable property shall devolve as if the other party to the marriage had been then dead.
[42/2005]