Matrimonial Causes Act 1963
Matrimonial Causes Act 1963.
1963 CHAPTER 45
An Act to amend the law relating to matrimonial causes; to facilitate reconciliation in such causes; and for purposes connected with the matters aforesaid.
[31st July 1963]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Presumption as to condonation by husband.
1. Any presumption of condonation which arises from the continuance or resumption of marital intercourse may be rebutted on the part of a husband, as well as on the part of a wife, by evidence sufficient to negative the necessary intent.
2 Relief notwithstanding temporary cohabitation with a view to reconciliation.
(1) For the purposes of the Matrimonial Causes Act 1950 and of the Matrimonial Proceedings (Magistrates' Courts) Act 1960 , adultery or cruelty shall not be deemed to have been condoned by reason only of a continuation or resumption of cohabitation between the parties for one period not exceeding three months, or of anything done during such cohabitation, if it is proved that cohabitation was continued or resumed, as the case may be, with a view to effecting a reconciliation.
(2) In calculating for the purposes of section 1(1)(b ) of the Matrimonial Causes Act 1950 the period for which the respondent has deserted the petitioner without cause, and in considering whether such desertion has been continuous, no account shall be taken of any one period (not exceeding three months) during which the parties resumed cohabitation with a view to a reconciliation.
3 Adultery not to be revived.
3. Adultery which has been condoled shall not be capable of being revived.
4 Amendment of law of collusion.
(1) Section 4 of the Matrimonial Causes Act 1950 (duty of court on presentation of petition) shall be amended as follows:—
(a ) paragraph (c ) of subsection (2) (proof of absence of collusion), together with the word ‘and’ immediately preceding that paragraph, shall be omitted;
(b ) in the proviso to that subsection, after the words ‘if it finds’ there shall be inserted the words ‘that the petition is presented or prosecuted in collusion with the respondent or either of the respondents’ or
(2) Nothing in this section affects the duty of the court under the said section 4 to inquire whether any collusion exists between the parties, or any duty of the parties to disclose to the court any agreement or arrangement made between them in contemplation of or in connection with the proceedings, or any power or duty of Her Majesty's Proctor under the said Act.
(3) Provision may be made by rules of court for enabling the court, upon application made either before or after the presentation of a petition for divorce, to take into consideration for the purposes of the said section 4 as amended by this section any agreement or arrangement made or proposed to be made between the parties, and to give such directions in the matter as the court thinks fit.
5 Maintenance and alimony.
(1) In any case in which the court has power to make an order (other than an interim order) under section 19 or section 20 of the...
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