New South Wales Consolidated Acts

MATRIMONIAL CAUSES ACT 1899 - SECT 36

36 Decree of separation obtained during absence may be reversed

(1) Any husband or wife upon the application of whose wife or husband as the case may be a decree of judicial separation has been pronounced may at any time thereafter present a petition to the Court praying for a reversal of such decree on the ground that it was obtained in his or her absence and that there was reasonable ground for the alleged desertion where desertion was the ground of such decree.

(2) The Court may on being satisfied of the truth of the allegations of such petition reverse the decree accordingly.

(3) The reversal of the decree shall not prejudice nor affect the rights and remedies which any other person would have had in case such reversal had not been decreed in respect of any debts contracts or acts of the wife incurred entered into or done between the times of the decree of separation and of the reversal thereof.