Western Australian Consolidated Acts

EVIDENCE ACT 1906 - SECT 18

18.         Communications during marriage

                Subject to the provisions of section 9, a husband shall not be compellable in any proceeding to disclose any communication made to him by his wife, or by him to his wife, during the marriage, and a wife shall not be compellable in any proceeding to disclose any communication made to her by her husband, or by her to her husband, during the marriage:

                Provided that this section shall not apply, in any proceeding in the Supreme Court in its divorce and matrimonial causes jurisdiction, or in any proceeding in the Family Court of Western Australia, to any husband and wife who are both parties to such proceeding.

        [Section 18 amended by No. 111 of 1978 s. 3; No. 48 of 1991 s. 9.]

Spouses competent to give evidence as to non-access

        [Heading inserted by No. 16 of 1956 s. 2.]