Family Law Amendment Act 1983 No. 72 of 1983 - SECT 21 Institution of proceedings

Family Law Amendment Act 1983 No. 72 of 1983 - SECT 21

21. Section 44 of the Principal Act is amended-

   (a)  by inserting after sub-section (1) the following sub-sections:

''(1A) Proceedings under this Act for a decree of dissolution of marriage or
nullity of marriage may be instituted by either party to the marriage or
jointly by both parties to the marriage.

''(1B) An application for dissolution of a marriage shall not, without the
leave of the court granted under sub-section (1C), be filed within the period
of 2 years after the date of the marriage unless there is filed with the
application a certificate in the prescribed form-

   (a)  stating that the parties to the marriage have considered a
        reconciliation, with the assistance of a specified person or
        organization, being-

        (i)    a marriage counsellor or an approved marriage counselling
               organization;

        (ii)   another suitable person or organization nominated by the
               Principal Director of Court Counselling of the Family Court; or

        (iii)  an appropriate officer of a Family Court of a State; and

   (b)  signed by that person or on behalf of that organization, as the case
        may be.

''(1C) Notwithstanding sub-section (1B), if the court is satisfied that there
are special circumstances by reason of which the hearing of an application for
dissolution of a marriage should proceed notwithstanding that the parties have
not considered a reconciliation with assistance of the kind referred to in
sub-section (1B), the court may-

   (a)  if the application has not been filed-give leave for the application
        to be filed; or

   (b)  if the application has been filed-at any time before or during the
        hearing of the application, declare that it is so satisfied,

and, where the court makes a declaration under paragraph (b), the application
shall be deemed to have been duly filed and everything done pursuant to that
application shall be as valid and effectual as if the court had, before the
application was filed, given leave under paragraph (a) for the application to
be filed.'';

   (b)  by omitting from sub-section (2) ''A respondent'' and substituting
        ''Notwithstanding sub-sections (3) and (3A), a respondent'';

   (c)  by omitting sub-section (3) and substituting the following
        sub-sections:

''(3) Where, whether before or after the commencement of section  21 of the
Family Law Amendment Act 1983-

   (a)  a decree nisi of dissolution of marriage has become absolute; or

   (b)  a decree of nullity of marriage has been made,

proceedings of a kind referred to in paragraph (c) or (ca) of the definition
of 'matrimonial cause' in sub-section 4 (1) (not being proceedings under
section 78 or 79A or proceedings seeking the discharge, suspension, revival or
variation of an order previously made in proceedings with respect to the
maintenance of a party) shall not be instituted, except by leave of the court
in which the proceedings are to be instituted, after the expiration of 12
months after-

   (c)  in a case referred to in paragraph (a)-the date on which the decree
nisi became absolute; or

   (d)  in a case referred to in paragraph (b)-the date of the making of the
        decree.

''(3A) Notwithstanding sub-section (3), where, whether before or after the
commencement of section 21 of the Family Law Amendment Act 1983-

   (a)  a decree nisi of dissolution of marriage has become absolute or a
        decree of nullity of marriage has been made; and

   (b)  the approval under section 87 of a maintenance agreement between the
        parties to the marriage has been revoked,

proceedings of a kind referred to in paragraph (c) or (ca) of the definition
of 'matrimonial cause' in sub-section 4 (1) (not being proceedings under
section 78 or 79A or proceedings seeking the discharge, suspension, revival or
variation of an order previously made in proceedings with respect to the
maintenance of a party) may be instituted-

   (c)  within the period of 12 months after-

        (i)    the date on which the decree nisi became absolute or the date
               of the making of the decree of nullity, as the case may be; or

        (ii)   the date on which the approval of the maintenance agreement was
               revoked,

whichever is the later; or

   (d)  with the leave of the court in which the proceedings are to be
        instituted,

and not otherwise.''; and

     (d)  by inserting in sub-section (4) ''or (3A)'' after ''(3)''.