DOMESTIC RELATIONSHIPS ACT 1994 (NO. 28 OF 1994) - SECT 39 Annulment of declaration

DOMESTIC RELATIONSHIPS ACT 1994 (NO. 28 OF 1994) - SECT 39

39. (1) A court may, by order, annul a declaration under section 38—

        (a)     on application by a person who applied for, or is affected by, the declaration; and

        (b)     if it is satisfied that new facts or circumstances have arisen that have not previously been disclosed to the court and could not have been so disclosed by the exercise of reasonable diligence.

(2) A declaration ceases to have effect on the making of an order of annulment but an annulment does not affect anything done in reliance on the declaration while it remained in force.

(3) Where a court annuls a declaration, it may, if it is satisfied that it would be just and equitable to do so, make ancillary orders (including orders varying rights with respect to property or financial resources) to place any person affected by the annulment, as far as practicable, in the position that person would have been in if the declaration had not been made.