Version No. 053
Marriage Act 1958
No. 6306 of 1958
Version incorporating amendments as at 23 April 2007
TABLE OF PROVISIONS
Section
1.
Short title and commencement
2.
Repeal
3.
Definitions
Page
1
1
2
PARTS I–VI—Repealed
4–131.
3
Repealed
3
PART VII—GUARDIANSHIP AND CUSTODY OF MINORS
132. Definitions
133. Principle on which questions relating to minors are to be decided
134. Equal right of mother to apply to court
135. Rights of surviving parent as to guardianship
136, 137. Repealed
138. Power to Court to remove guardian
139. Saving
140–147.
Repealed
148. Earnings of child
149–152. Repealed
153. Saving
154. Repealed
155. Rules
PART VIII—PROVISIONS RELATING TO PROPERTY OF
MARRIED WOMEN &C.
156.
157.
158.
159.
Capacity of married women
"Separate property" and "restraint on anticipation" abolished
Execution of general power
Abolition of husband's liability for wife's torts and ante-nuptial
contracts debts and obligations
160. Husband or wife may sue each other for tort
161. Questions between husband and wife as to property
__________________
i
4
4
4
5
5
6
6
6
7
8
8
8
8
9
10
10
11
11
11
13
14
Section
Page
SCHEDULES
18
SCHEDULE 1
18
SCHEDULES 2–7—Repealed
19
═══════════════
ENDNOTES
20
1. General Information
20
2. Table of Amendments
21
3. Explanatory Details
24
ii
Version No. 053
Marriage Act 1958
No. 6306 of 1958
Version incorporating amendments as at 23 April 2007
An Act to consolidate the Law relating to Marriage and to
Divorce and Matrimonial Causes and to Guardianship and
Custody of Minors.
Long Title
amended by
No. 9549
s. 2(1)(Sch.
item 11).
BE IT ENACTED by the Queen's Most Excellent Majesty by
and with the advice and consent of the Legislative Council
and the Legislative Assembly of Victoria in this present
Parliament assembled and by the authority of the same as
follows (that is to say):
1. Short title and commencement
This Act may be cited as the Marriage Act 1958,
and shall come into operation on a day to be fixed
by proclamation of the Governor in Council
published in the Government Gazette.
2. Repeal
(1) The Acts mentioned in the First Schedule to the
extent thereby expressed to be repealed are hereby
repealed accordingly.
(2) Except as in this Act expressly or by necessary
implication provided—
(a) all persons things and circumstances
appointed or created by or under the repealed
Acts or existing or continuing under any of
such Acts immediately before the
commencement of this Act shall under and
1
S. 1
amended by
Nos 8181
s. 2(1)(Sch.
item 136),
9549
s. 2(1)(Sch.
item 112),
57/1989
s. 3(Sch.
item 130.1).
Marriage Act 1958
No. 6306 of 1958
s. 3
subject to this Act continue to have the same
status operation and effect as they
respectively would have had if such Acts had
not been so repealed;
(b) in particular and without affecting the
generality of the foregoing paragraph such
repeal shall not disturb the continuity of
status operation or effect of any regulation
rule appointment application order decree
authority direction declaration marriage
registration certificate validation intervention
security petition action judgment settlement
appeal service agreement consent fee
affidavit affirmation summons warrant
notice notification liability or right made
effected issued granted given presented
passed fixed accrued incurred or acquired or
existing or continuing by or under any of
such Acts before the commencement of this
Act; nor shall such repeal affect the
operation of sub-section (4) of section eight
of the Marriage (Property) Act 1956.
No. 3726 s. 3.
S. 3(1)
substituted by
No. 110/1986
s. 140(2)
(Sch.).
3. Definitions
(1) In this Act—
"the Court" means the Supreme Court.
(2) In any Act and any entry register certificate or
other document unless the contrary intention
appears—
the expression "registrar of marriages" means
any officer heretofore or hereafter appointed
by the Governor in Council for the purpose
of celebrating marriages; and
2
Marriage Act 1958
No. 6306 of 1958
s. 3
the expression "guardian of minors" means—
S. 3(2)(a)
amended by
No. 16/1986
s. 30(Sch.).
(a) any magistrate; or
*
*
*
*
*
S. 3(2)(b)
repealed by
No. 57/1989
s. 3(Sch.
item 130.2).
*
*
Pts 1–6
(Headings
and ss 4–131)
repealed by
No. 6959
s. 13.1
__________________
*
*
*
__________________
3
Marriage Act 1958
No. 6306 of 1958
Part VII—Guardianship and Custody of Minors
s. 132
Pt 7 (Heading)
amended by
No. 9549
s. 2(1)(Sch.
item 113).
No. 3726
s. 135.
S. 132(1)
amended by
No. 110/1986
s. 140(2)
(Sch.),
repealed by
No. 59/1997
s. 8(a).
S. 132(2)
amended by
Nos 9059
s. 2(1)(Sch.
item 25), 9075
s. 5(1), 9427
s. 5(Sch. 4
item 8), 9549
s. 2(1)(Sch.
item 114),
16/1987
s. 4(3)(Sch. 1
item 15),
59/1997
s. 8(b),
48/2006
s. 42(Sch.
item 25).
No. 3726
s. 136.
S. 133
amended by
Nos 9075
s. 5(1), 9427
s. 5(Sch. 4
item 8),
59/1997
s. 8(c)(i)(ii).
PART VII—GUARDIANSHIP AND CUSTODY OF MINORS
132. Definitions
*
*
*
*
*
(2) Sections one hundred and thirty-three one hundred
and thirty-four one hundred and thirty-five shall
be read and construed as in aid and not in
derogation of the provisions of the Children,
Youth and Families Act 2005.
133. Principle on which questions relating to minors are
to be decided
Where in any proceeding before any Court
(whether or not a Court within the meaning of this
Part) the administration of any property belonging
to or held on trust for a minor, or the application
of the income thereof is in question, the Court in
deciding that question shall regard the welfare of
the minor as the first and paramount
consideration, and shall not take into
consideration whether from any other point of
view the claim of the father or any right at
4
Marriage Act 1958
No. 6306 of 1958
Part VII—Guardianship and Custody of Minors
s. 134
common law possessed by the father in respect of
such administration or application is superior to
that of the mother, or the claim of the mother is
superior to that of the father.
134. Equal right of mother to apply to court
The mother of a minor shall have the like powers
to apply to the Court in respect of any matter
affecting the minor as are possessed by the father.
135. Rights of surviving parent as to guardianship
No. 3726
s. 137.
S. 134
amended by
Nos 9075
s. 5(1), 9427
s. 5(Sch. 4
item 8).
No. 3726
s. 138.
S. 135
amended by
Nos 9075
s. 5(1), 9427
s. 5(Sch. 4
item 8).
(1) On the death of the father of a minor the mother,
if surviving, shall, subject to the provisions of this
Part, be guardian of the minor, either alone or
jointly with any guardian appointed by the father.
S. 135(1)
amended by
No. 59/1997
s. 8(d)(i).
(2) On the death of the mother of a minor the father,
if surviving, shall, subject to the provisions of this
Part, be guardian of the minor, either alone or
jointly with any guardian appointed by the
mother.
S. 135(2)
amended by
No. 59/1997
s. 8(d)(ii).
(3) The father of a minor may by deed or will appoint
any person to be guardian of the minor after his
death.
(4) The mother of a minor may by deed or will
appoint any person to be guardian of the minor
after her death.
(5) Any guardian so appointed by the father or the
mother shall act jointly with the mother or father,
as the case may be, of the minor so long as the
5
Marriage Act 1958
No. 6306 of 1958
Part VII—Guardianship and Custody of Minors
s. 138
mother or father remains alive unless the mother
or father objects to his so acting.
S. 135(6)
repealed by
No. 59/1997
s. 8(d)(iii).
*
*
*
*
*
(7) Where guardians are appointed by both parents,
the guardians so appointed shall after the death of
the surviving parent act jointly.
S. 135(8)(9)
repealed by
No. 59/1997
s. 8(d)(iii).
*
*
*
*
*
S. 136
repealed by
No. 8602 s. 12.
*
*
*
*
*
S. 137
repealed by
No. 9407
s. 5(a).
*
*
*
*
*
No. 3726
s 141.
S. 138
amended by
Nos 9075
s. 5(1),
59/1997
s. 8(e).
No. 3726
s. 142.
S. 139
substituted by
No. 9407
s. 5(b).
138. Power to Court to remove guardian
The Court in its discretion shall, on being satisfied
that it is for the welfare of the minor, remove from
his office any testamentary guardian, and may
also if it deems it to be for the welfare of the
minor appoint another guardian in place of the
guardian so removed.
139. Saving
(1) Subject to sub-section (3), a guardian under this
Part besides being guardian of the person of the
minor, shall have all the rights powers and duties
of a guardian of the minor's estate including in
particular the right to receive and recover in his
own name for the benefit of the minor property of
whatever description and wherever situated which
the minor is entitled to receive or recover.
6
Marriage Act 1958
No. 6306 of 1958
Part VII—Guardianship and Custody of Minors
s. 139
(2) Nothing in sub-section (1) shall restrict or affect
the power of the Court to appoint a person to be or
to act as the guardian of a minor's estate either
generally or for a particular purpose or to vary or
revoke any such appointment.
(3) Sub-section (1) shall not apply to a guardian under
this Part so long as there is a guardian of the
minor's estate alone.
*
*
*
*
*
S. 140
amended by
No. 9075
s. 5(1),
repealed by
No. 59/1997
s. 8(f).
*
*
*
*
*
S. 141
amended by
Nos 9075
s. 5(1), 9427
s. 5(Sch. 4
item 8),
repealed by
No. 59/1997
s. 8(f).
*
*
*
*
*
S. 142
amended by
No. 9075
s. 5(1),
repealed by
No. 59/1997
s. 8(f).
*
*
*
*
*
S. 143
amended by
Nos 8602
s. 12, 9075
s. 5(1), 9427
s. 5(Sch. 4
item 8),
repealed by
No. 59/1997
s. 8(f).
*
*
*
*
*
S. 144
amended by
No. 9554
s. 2(2) (Sch. 2
item 211),
repealed by
No. 59/1997
s. 8(f).
7
Marriage Act 1958
No. 6306 of 1958
Part VII—Guardianship and Custody of Minors
s. 148
*
*
*
*
*
S. 146
amended by
Nos 9075
s. 5(1) 9427
s. 5(Sch. 4
item 8),
repealed by
No. 59/1997
s. 8(f).
*
*
*
*
*
S. 147
amended by
Nos 8602
s. 12, 9075
s. 5(1), 9427
s. 5(Sch. 4
item 8),
repealed by
No. 59/1997
s. 8(f).
*
*
*
*
*
S. 145
repealed by
No. 59/1997
s. 8(f).
No. 3726
s. 151.
S. 148
amended by
No. 9075
s. 5(1).
Ss 149–152
repealed by
No. 59/1997
s. 8(f).
No. 3726
s. 156.
148. Earnings of child
No father shall have any right to the wages or
earnings of any minor child while such child is in
the control and custody of the mother thereof.
*
*
*
*
*
153. Saving
Nothing in this Part contained shall interfere with
or affect the power of the Court to consult the
wishes of the child in considering what order
ought to be made, or diminish the right which any
child now possesses to the exercise of its own free
choice.
S. 154
repealed by
No. 110/1986
s. 140(2)
(Sch.).
*
*
*
8
*
*
Marriage Act 1958
No. 6306 of 1958
Part VII—Guardianship and Custody of Minors
s. 155
155. Rules
*
No. 3726
s. 158.
*
*
*
*
(2) The Rules of law and practice of the Court
relating to proceedings in forma pauperis shall
with the necessary modifications apply to
proceedings in the Court relating to any matter or
thing authorized or permitted under this Part.
__________________
9
S. 155(1)
repealed by
No. 110/1986
s. 140(2)
(Sch.).
S. 155(2)
amended by
Nos 9059
s. 2(1)(Sch.
item 26),
59/1997
s. 8(g).
Marriage Act 1958
No. 6306 of 1958
Part VIII—Provisions Relating to Property of Married Women &c.
s. 156
PART VIII—PROVISIONS RELATING TO PROPERTY OF
MARRIED WOMEN &C.
No. 6050 s. 2.
156. Capacity of married women
(1) Subject to this Part a married woman shall—
(a) be capable of acquiring holding and
disposing of any property whatsoever;
(b) be capable of rendering herself and being
rendered liable in respect of any tort contract
debt or obligation whether committed
entered into or contracted before or after
marriage;
(c) be capable of suing and being sued in respect
of any such tort contract debt or obligation or
otherwise;
(d) be subject to the enforcement of judgments
and orders;
S. 156(1)(e)
amended by
Nos 9075
s. 5(1), 9427
s. 5(Sch. 4
item 8).
(e) be capable of being appointed and acting as
trustee, executrix, administratrix, next friend,
guardian or guardian ad litem of a minor or
in any other representative or fiduciary
capacity whatsoever and of doing any act in
the law either in such a capacity or in her
personal capacity—
in all respects as if she were a feme sole and
whether separately or jointly or in common with
any other person including her husband.
S. 156(2)
repealed by
No. 9075
s. 5(2).
*
*
*
10
*
*
Marriage Act 1958
No. 6306 of 1958
Part VIII—Provisions Relating to Property of Married Women &c.
s. 157
157. "Separate property" and "restraint on
anticipation" abolished
No. 6050 s. 3.
(1) Subject to this Part all property whatsoever
which—
(a) immediately before the commencement of
the Marriage (Property) Act 1956 was the
separate property of a married woman or
held for her separate use in equity; or
(b) belongs at the time of her marriage to a
woman married after the commencement of
the Marriage (Property) Act 1956; or
(c) after the commencement of the Marriage
(Property) Act 1956 is acquired by or
devolves upon a married woman—
shall belong to her in all respects as if she were a
feme sole and may be disposed of accordingly.
(2) Any instrument executed on or after the
commencement of the Marriage (Property) Act
1956 shall be void in so far as it purports to attach
to the enjoyment of any property by a woman any
restriction upon anticipation or alienation which
could not have been attached to the enjoyment of
that property by a man.
158. Execution of general power
No. 6050 s. 4.
The execution of a general power by will by a
married woman shall have the effect of making
the property appointed liable for her debts and
other liabilities in the same manner as her estate is
liable under this Part.
159. Abolition of husband's liability for wife's torts and
ante-nuptial contracts debts and obligations
(1) Subject to this Part the husband of a married
woman shall not, by reason only of his being her
husband, be liable—
11
No. 6050 s. 5.
Marriage Act 1958
No. 6306 of 1958
Part VIII—Provisions Relating to Property of Married Women &c.
s. 159
(a) in respect of any tort committed by her
whether before or after the marriage, or in
respect of any contract entered into or debt
or obligation incurred by her before the
marriage; or
(b) to be sued or made a party to any legal
proceeding brought in respect of any such
tort contract debt or obligation.
S. 159(2)
repealed by
No. 59/1997
s. 8(h).
S. 159(3)
amended by
No. 110/1986
s. 140(2)
(Sch.).
*
*
*
*
*
(3) In the case of a decree for judicial separation or a
decree nisi for dissolution or nullity of marriage if,
while the separation continues or (as the case may
be) before the decree nisi is made absolute or
discharged or reversed, the husband or wife dies
intestate as to any property such property shall
devolve as if the surviving spouse had
predeceased the deceased:
Provided that in any such case where there is a
total intestacy the Supreme Court may on the
application of the surviving spouse, made within
six months of the grant of letters of administration
of the estate or such further time as the court
allows, at its discretion order that the surviving
spouse shall be entitled to and shall have a charge
upon the residuary estate (within the meaning of
Division six of Part I of the Administration and
Probate Act 1958) of the deceased spouse for
such sum as the court determines but not
exceeding the amount or value which the court
considers the surviving spouse would have been
entitled to if there had been no such decree; in
which case the court shall direct that a certified
copy of such order be made upon the letters of
administration of the estate of the deceased and
12
Marriage Act 1958
No. 6306 of 1958
Part VIII—Provisions Relating to Property of Married Women &c.
s. 160
for that purpose shall retain in custody such letters
of administration until such copy is made:
Provided further that nothing in this sub-section
shall deprive the surviving spouse of any rights
other than rights of succession under the intestacy
as widow or widower of the intestate.
S. 159
Second
Proviso
inserted by
No. 6924 s. 2.
160. Husband or wife may sue each other for tort
(1) A husband or a wife may sue the other for any
cause of action in tort arising after the
commencement of the Marriage (Liability in
Tort) Act 1968.
(2) A husband or wife shall have against the other the
same civil remedies and remedies and redress by
way of criminal proceedings for the protection and
security of his or her property as if they were both
unmarried.
(3) In any proceeding under this section—
(a) it shall be sufficient to allege that the
property is the property of the husband or
wife (as the case may be);
(b) the husband or wife shall be competent to
give evidence against the other
notwithstanding any statute or rule of law to
the contrary.
(4) No criminal proceeding shall be taken by any
husband or wife against the other by virtue of this
Part while they are living together as to or
concerning any property claimed by him or her,
nor while they are living apart as to or concerning
any act done while they were living together
concerning property claimed by him or her, unless
such property has been wrongfully taken by the
husband or wife when leaving or deserting or
about to leave or desert the other.
13
S. 160(1)
substituted by
No. 7668 s. 2.
Marriage Act 1958
No. 6306 of 1958
Part VIII—Provisions Relating to Property of Married Women &c.
s. 161
No. 6050 s. 7.
161. Questions between husband and wife as to property
S. 161
substituted by
No. 6924 s. 3,
amended by
No. 110/1986
s. 140(2)
(Sch.).
(1) In any question between husband and wife as to
the title to or possession or disposition of property
(including any question as to investment by one of
moneys of the other without consent) either the
husband or the wife or any person on whom
conflicting claims are made by the husband and
wife may apply to the Supreme Court or (at the
option of the applicant irrespective of the value of
the property in dispute) to the County Court.
S. 161(2)
amended by
Nos 110/1986
s. 140(2)
(Sch.), 19/1989
s. 16(Sch.
item 38.1),
57/1989
s. 3(Sch. item
130.3(a)(b)).2
(2) In addition to and without in any way limiting the
powers conferred by section 37 of the Supreme
Court Act 1986 or section fifty of the County
Court Act 1958 the Supreme Court or the county
court (as the case requires) may, upon the
application of any party to proceedings under this
section, grant an injunction restraining any person
from making any threatened or apprehended
conveyance, assignment, sale, or other disposition
of any property in question in the proceedings
until the proceedings are heard and determined.
S. 161(3)
amended by
Nos 110/1986
s. 140(2)
(Sch. 2),
19/1989
s. 16(Sch.
item 38.2
(a)(b)).3
(3) Subject to the next succeeding sub-section but
notwithstanding any other Act or law to the
contrary the Court may make such order with
respect to the title to or possession or disposition
of the property in dispute (including any order for
the sale of the property and the division of the
proceeds of sale, or for the partition or division of
the property) and as to the costs of and consequent
on the application as it thinks fit and may direct
any inquiry touching the matters in question to be
made in such manner as it thinks fit.
(4) Upon the hearing of any application between
husband and wife under this section—
14
Marriage Act 1958
No. 6306 of 1958
Part VIII—Provisions Relating to Property of Married Women &c.
s. 161
(a) the Court shall not exercise the power
conferred upon it by the last preceding subsection so as to defeat any common intention
which it is satisfied was expressed by the
husband and the wife and shall not take into
account in exercising that power in relation
to the property in question any conduct of
the husband or of the wife which is not
directly related to the acquisition of the
property or to its extent or value; and
(5)
S. 161(4)(a)
amended by
Nos 110/1986
s. 140(2)
(Sch.), 19/1989
s. 16(Sch.
item 38.3
(a)–(c)).4
(b) husband and wife shall, to the exclusion of
any presumption of advancement or other
presumption of law or equity, be presumed,
in the absence of sufficient evidence of
intention to the contrary and in the absence
of any special circumstances which appear to
the Court to render it unjust so to do, to hold
or to have held as joint tenants so much of
any real property in question as consists of a
dwelling and its curtilage (if any) which the
Court is satisfied was acquired by them or
either of them at any time during or in
contemplation of the marriage wholly or
principally for occupation as their
matrimonial home.
S. 161(4)(b)
amended by
Nos 110/1986
s. 140(2)
(Sch.), 19/1989
s. 16(Sch.
item 38.3(a)).5
(a) For the purpose of giving effect to any order
made under this section the Court may set
aside any conveyance, assignment, sale or
other disposition of any property in question
in the proceedings if it is made to defeat an
existing or anticipated order with respect to
that property.
S. 161(5)(a),
amended by
Nos 110/1986
s. 140(2)
(Sch.), 19/1989
s. 16(Sch.
item 38.4(a)).6
(b) In exercising its powers under this subsection the Court shall have regard to the
interests of, and shall make any order proper
for the protection of, a bona fide purchaser or
other person interested.
S. 161(5)(b)
amended by
Nos 110/1986
s. 140(2)
(Sch.), 19/1989
s. 16(Sch.
item 38.4
(a)(b).7
15
Marriage Act 1958
No. 6306 of 1958
Part VIII—Provisions Relating to Property of Married Women &c.
s. 161
S. 161(6)
amended by
Nos 110/1986
s. 140(2)
(Sch.), 19/1989
s. 16(Sch.
item 38.5
(a)(b)),
repealed by
No. 57/1989
s. 3(Sch.
item 130.7).
S. 161(7)
amended by
Nos 110/1986
s. 140(2)
(Sch.), 19/1989
s. 16(Sch.
item 38.6).8
*
*
*
*
*
(7) The Court, if either party so requires, may hear
any such application in private.
(8) If any person other than the husband or wife is the
applicant such person shall in the matter of any
such application for the purposes of costs or
otherwise be treated as a stakeholder only.
S. 161(8A)
inserted by
No. 9002 s. 2,
amended by
Nos 110/1986
s. 140(2)
(Sch.), 19/1989
s. 16(Sch.
item 38.7(a)).9
S. 161(8A)(b)
amended by
Nos 110/1986
s. 140(2)
(Sch.), 19/1989
s. 16(Sch.
item 38.7(b)).10
(8A) The power of the Court to adjourn a hearing or
stay an order extends and shall be deemed to have
always extended to the granting of an adjournment
or the staying of an order where—
(a) the husband and wife are living separately
and apart but have not lived separately and
apart for a continuous period of 12 months
immediately preceding the date of the order
for adjournment or the order staying the
order; and
(b) the Court is of the opinion that—
(i) the adjournment or the staying of the
order would not cause undue hardship
to the husband or wife;
(ii) it is likely that proceedings for principal
relief under the Family Law Act 1975
of the Commonwealth as amended
16
Marriage Act 1958
No. 6306 of 1958
Part VIII—Provisions Relating to Property of Married Women &c.
s. 161
from time to time will be instituted by
the husband or wife within 12 months
of the order for adjournment or the
order staying the order; and
(iii) the matter would be more appropriately
dealt with as ancillary to such
proceedings.
(9) A husband or wife, instead of applying by
summons or otherwise as aforesaid, may take
proceedings in the Supreme Court or (at the
option of the plaintiff irrespectively of the value
of the property in dispute) in the county court, and
the foregoing provisions of this section shall with
such adaptations as are necessary apply
accordingly.
(10) Where any question which could have been raised
for decision in proceedings under this section
arises between husband and wife in any other
proceedings the Court shall decide the question as
if the question had been raised for decision in
proceedings under this section.
__________________
17
S. 161(9)
amended by
No. 19/1989
s. 16(Sch.
item 38.8).
S. 161(10)
amended by
Nos 110/1986
s. 140(2)
(Sch.), 19/1989
s. 16(Sch.
item 38.9).11
Marriage Act 1958
No. 6306 of 1958
Sch. 1
SCHEDULES
FIRST SCHEDULE
Section 2.
Sch. 1
amended by
No. 6505 s. 2.
Number
of Act
Title of Act
Extent of Repeal
3726
Marriage Act 1928
So much as is not already
repealed
4061
Marriage (Validating) Act 1932
The whole
4157
Mental Hygiene Act 1933
Clause (4) of Part C of
Schedule
4191
Statute Law Revision Act 1933
Item in Schedule referring
to Marriage Act 1928
4210
Marriage (Divorce) Act 1933
The whole
4264
Statute Law Revision Act 1934
Items in Schedule
referring to Marriage Act
1928 and Marriage
(Divorce) Act 1933
4314
Maintenance and Alimony
(Imprisonment) Act 1935
So much as is not already
repealed
4366
Marriage Act 1936
The whole
4561
Marriage (Celebration) Act 1938
The whole
4566
Marriage Act 1938
The whole
4654
Public Trustee Act 1939
Clauses 8 and 15 of First
Schedule
4839
Marriage Act 1941
The whole
4963
Mental Hygiene (Mode of
Citation) Act 1943
Clause (6) of Schedule
5647
Evidence Act 1952
Section 4
5846
Statutes Amendment Act 1954
Section 8
6050
Marriage (Property) Act 1956
So much as is not
otherwise repealed
6186
Marriage (Amendment) Act 1957
The whole
_______________
18
Marriage Act 1958
No. 6306 of 1958
Sch. 2
*
*
*
═══════════════
19
*
*
Schs 2–7
repealed by
No. 6959 s. 13.
Marriage Act 1958
No. 6306 of 1958
Endnotes
ENDNOTES
1. General Information
The Marriage Act 1958 was assented to on 30 September 1958 and came
into operation 1 April 1959: Government Gazette 18 March 1959 page 893.
20
Marriage Act 1958
No. 6306 of 1958
Endnotes
2. Table of Amendments
This Version incorporates amendments made to the Marriage Act 1958 by
Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Statute Law Revision Act 1959, No. 6505/1959
Assent Date:
5.5.59
Commencement Date:
1.4.59: s. 1(2)
Current State:
All of Act in operation
Marriage (Fees) Act 1959, No. 6548/1959
Assent Date:
20.10.59
Commencement Date:
20.10.59
Current State:
All of Act in operation
Subordinate Legislation Act 1962, No. 6886/1962
Assent Date:
8.5.62
Commencement Date:
1.8.62: Government Gazette 4.7.62 p. 2314
Current State:
All of Act in operation
Marriage (Property) Act 1962, No. 6924/1962
Assent Date:
20.11.62
Commencement Date:
20.11.62
Current State:
All of Act in operation
Registration of Births Deaths and Marriages (Amendment) Act 1962,
No. 6959/1962
Assent Date:
18.12.62
Commencement Date:
1.9.63: Government Gazette 21.8.63 p. 2528
Current State:
All of Act in operation
Marriage (Liability in Tort) Act 1968, No. 7668/1968
Assent Date:
9.4.68
Commencement Date:
1.6.68: Government Gazette 15.5.68 p. 1806
Current State:
All of Act in operation
Statute Law Revision Act 1971, No. 8181/1971
Assent Date:
23.11.71
Commencement Date:
23.11.71
Current State:
All of Act in operation
Status of Children Act 1974, No. 8602/1974
Assent Date:
26.11.74
Commencement Date:
1.3.75: Government Gazette 5.2.75 p. 228
Current State:
All of Act in operation
Marriage (Amendment) Act 1977, No. 9002/1977
Assent Date:
10.5.77
Commencement Date:
10.5.77: s. 1(3)
Current State:
All of Act in operation
21
Marriage Act 1958
No. 6306 of 1958
Endnotes
Statute Law Revision Act 1977, No. 9059/1977
Assent Date:
29.11.77
Commencement Date:
29.11.77: s. 1(2)
Current State:
This information relates only to the provision/s
amending the Marriage Act 1958
Age of Majority Act 1977, No. 9075/1977
Assent Date:
6.12.77
Commencement Date:
1.2.78: Government Gazette 11.1.78 p. 97
Current State:
All of Act in operation
Imperial Law Re-enactment Act 1980, No. 9407/1980
Assent Date:
20.5.80
Commencement Date:
2.7.80: Government Gazette 2.7.80 p. 2257
Current State:
All of Act in operation
Statute Law Revision Act 1980, No. 9427/1980
Assent Date:
27.5.80
Commencement Date:
27.5.80: s. 1(2)
Current State:
This information relates only to the provision/s
amending the Marriage Act 1958
Statute Law Revision Act 1981, No. 9549/1981
Assent Date:
19.5.81
Commencement Date:
19.5.81: s. 1(2)
Current State:
This information relates only to the provision/s
amending the Marriage Act 1958
Penalties and Sentences Act 1981, No. 9554/1981
Assent Date:
19.5.81
Commencement Date:
S. 2(2)(Sch. 2 item 211) on 1.9.81: Government
Gazette 26.8.81 p. 2799
Current State:
This information relates only to the provision/s
amending the Marriage Act 1958
Courts Amendment Act 1986, No. 16/1986
Assent Date:
22.4.86
Commencement Date:
S. 30 on 1.7.86: Government Gazette 25.6.86 p. 2180
Current State:
This information relates only to the provision/s
amending the Marriage Act 1958
Supreme Court Act 1986, No. 110/1986
Assent Date:
16.12.86
Commencement Date:
1.1.87: s. 2
Current State:
All of Act in operation
Community Services 1987, No. 16/1987
Assent Date:
12.5.87
Commencement Date:
S. 4(3)(Sch. 1 item 15) on 22.2.89: Government
Gazette 22.2.89 p. 386
Current State:
This information relates only to the provision/s
amending the Marriage Act 1958
22
Marriage Act 1958
No. 6306 of 1958
Endnotes
County Court (Amendment) Act 1989, No. 19/1989
Assent Date:
16.5.89
Commencement Date:
1.8.89: Government Gazette 26.7.89 p. 1858
Current State:
All of Act in operation
Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989
Assent Date:
14.6.89
Commencement Date:
S. 4 (1)(a)–(e)(2) on 1.9.89: Government Gazette
30.8.89 p. 2210; rest of Act on 1.9.90: Government
Gazette 25.7.90 p. 2217
Current State:
All of Act in operation
Commonwealth Powers (Family Law-Children) (Amendment) Act 1997,
No. 59/1997
Assent Date:
5.11.97
Commencement Date:
S. 8 on 1.11.98: s. 2(3)
Current State:
This information relates only to the provision/s
amending the Marriage Act 1958
Children, Youth and Families (Consequential and Other Amendments) Act 2006,
No. 48/2006
Assent Date:
15.8.06
Commencement Date:
S. 42(Sch. item 25) on 23.4.07: s. 2(3)
Current State:
This information relates only to the provision/s
amending the Marriage Act 1958
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
23
Marriage Act 1958
No. 6306 of 1958
Endnotes
3. Explanatory Details
1
Pts 1–6: Pts 1–6 were repealed by section 13 of the Registration of Births
Deaths and Marriages (Amendment) Act 1962, No. 6959/1962 as a
consequence of the Commonwealth Marriage Act 1961 No. 12.
2
S. 161(2): The amendment proposed by s. 3(Sch. item 130.3(a)–(c)) of the
Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989
is not included in this publication as the words "any Judge of" were omitted
by s. 16(Sch. item 38.1) of the County Court (Amendment) Act 1989,
No. 19/1989.
3
S. 161(3): The amendments proposed by s. 3(Sch. item 130.4(a)(b)) of the
Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989
are not included in this publication as the words "or Judge" and "or he" were
omitted by s. 16(Sch. item 38.2(a)(b)) of the County Court (Amendment)
Act 1989, No. 19/1989.
4
S. 161(4)(a): The amendments proposed by s. 3(Sch. item 130.5 (a)–(c))
of the Magistrates' Court (Consequential Amendments) Act 1989,
No. 57/1989, are not included in this publication as the words "or Judge" and
"or him" were omitted by s. 16(Sch. item 38.3(a)–(c)) of the County Court
(Amendment) Act 1989, No. 19/1989.
5
S. 161(4)(b): See note 4.
6
S. 161(5)(a): The amendments proposed by s. 3(Sch. item 130.6(a)(b))
of the Magistrates' Court (Consequential Amendments) Act 1989,
No. 57/1989 are not included in this publication as the words "or Judge", "or
his" were omitted by s. 16(Sch. item 38.4(a)(b)) of the County Court
(Amendment) Act 1989, No. 19/1989.
7
S. 161(5)(b): See note 6.
8
S.161(7): The amendment proposed by s. 3(Sch. item 130.8) of the
Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989
is not included in this publication as the words "or Judge" were omitted by
s. 16(Sch. item 38.6) of the County Court (Amendment) Act 1989,
No. 19/1989.
9
S. 161(8A): The amendment proposed by s. 3(Sch. item 130.9(a)) of the
Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989
is not included in this publication as the words "or a judge" were omitted by
s. 16(Sch. item 38.7(a)) of the County Court (Amendment) Act 1989,
No. 19/1989.
24
Marriage Act 1958
No. 6306 of 1958
10
S. 161(8A)(b): The amendment proposed by s. 3(Sch. item 130.9 (b)) of
the Magistrates' Court (Consequential Amendments) Act 1989,
No. 57/1989 is not included in this publication as the words "or the judge"
were omitted by s. 16(Sch. item 38.7(b) of the County Court (Amendment)
Act 1989, No. 19/1989.
11
S. 161(10): The amendment proposed by s. 3(Sch. item 130.10) of the
Magistrates' Court (Consequential Amendments) Act 1989 No. 57/1989
is not included in this publication as the words "or Judge" were omitted by
s. 16(Sch. item 38.9) of the County Court (Amendment) Act 1989,
No. 19/1989.
25