Law Reform (Miscellaneous Provisions) Act 1949

JurisdictionUK Non-devolved
Citation1949 c. 100


Law Reform (Miscellaneous Provisions) Act , 1949

(12, 13 & 14 Geo. 6) CHAPTER 100

An Act to amend the law relating to divorce and other matrimonial proceedings, the admissibility of evidence as to access, the charge and payment of percentage under the Lunacy Act, 1890, and to wards of court; and for purposes connected therewith.

[16th December 1949]

Be it enacted by the King'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:—

S-1 Extension of jurisdiction of High Court in certain matrimonial proceedings.

1 Extension of jurisdiction of High Court in certain matrimonial proceedings.

(1) The High Court in England shall have jurisdiction in proceedings by a wife for divorce, notwithstanding that the husband is not domiciled in England, if—

(a ) the wife is resident in England and has been ordinarily resident there for a period of three years immediately preceding the commencement of the proceedings; and

(b ) the husband is not domiciled in any other part of the United Kingdom or in the Channel Islands or the Isle of Man.

(2) Without prejudice to any jurisdiction exercisable by the court apart from this section, the foregoing provisions of this section shall apply to proceedings for nullity of marriage as they apply to proceedings for divorce.

(3) In proceedings under subsection (1) of section eight of the Matrimonial Causes Act, 1937 (which enables the court to make a decree of presumption of death and dissolution of marriage) the court shall have jurisdiction in the following cases only, that is to say—

(a ) in any proceedings, if the petitioner is domiciled in England;

(b ) in proceedings by the wife, if she is resident in England and has been ordinarily resident there for a period of three years immediately preceding the commencement of the proceedings;

and in determining for the purposes of this subsection whether a woman is domiciled in England, her husband shall be treated as having died immediately after the last occasion on which she knew or had reason to believe him to be living.

(4) In any proceedings in which the court has jurisdiction by virtue of this section, of section thirteen of the Matrimonial Causes Act, 1937, or of section one of the Matrimonial Causes (War Marriages) Act, 1944, the issues shall be determined in accordance with the law which would be applicable thereto if both parties were domiciled in England at the time of the proceedings.

S-2 Extension of jurisdiction of Court of Session in certain consistorial proceedings.

2 Extension of jurisdiction of Court of Session in certain consistorial proceedings.

(1) The Court of Session shall have jurisdiction in proceedings by a wife for divorce notwithstanding that the husband is not domiciled in Scotland, if—

(a ) the wife is resident in Scotland and has been ordinarily resident there for a period of three years immediately preceding the commencement of the proceedings; and

(b ) the husband is not domiciled in any other part of the United Kingdom, or in the Channel Islands or the Isle of Man.

(2) Without prejudice to any jurisdiction exercisable by the Court of Session apart from this section, the foregoing provisions of this section shall apply to proceedings for nullity of marriage as they apply to proceedings for divorce.

(3) In proceedings under subsection (1) of section five of the Divorce (Scotland) Act, 1938 (which enables the Court of Session to grant a decree of dissolution of marriage on the ground of presumed death of one party) the Court shall have jurisdiction in the following cases only, that is to say—

(a ) in any proceedings, if the petitioner is domiciled in Scotland;

(b ) in proceedings by the wife, if she is resident in Scotland and has been ordinarily resident there for a period of three years immediately preceding the commencement of the proceedings;

and in determining for the purposes of this subsection whether a woman is domiciled in Scotland, her husband shall be treated as having died immediately after the last occasion on which she knew or had reason to believe him to be living.

(4) In any proceedings in which the Court of Session has jurisdiction by virtue of this section or of section two of the Matrimonial Causes (War Marriages) Act, 1944, the issues shall be determined in accordance with the law which would be applicable thereto if both parties were domiciled in Scotland at the time of the proceedings.

S-3 Addition to definition of ‘care and treatment’ in relation to insanity.

3 Addition to definition of ‘care and treatment’ in relation to insanity.

3. Notwithstanding anything in section three of the Matrimonial Causes Act, 1937, a person shall be deemed for the purposes of section one hundred and seventy-six of the Supreme Court of Judicature (Consolidation) Act, 1925, to be under care and treatment—

a ) while detained in pursuance of any order or warrant for his detention or custody as a lunatic under the Lunacy (Scotland) Acts, 1857 to 1919
b ) while detained in pursuance of any order for his detention or treatment as a person of unsound mind or a person suffering from mental illness made under any law for the time being in force in Northern Ireland, the Isle of Man or any of the Channel Islands (including any such law relating to criminal lunatics); or
c ) while receiving mental treatment as a voluntary patient under the Mental Treatment Act, 1930, or under any such law as is mentioned in paragraph (b ) of this section, being treatment which follows without any interval a period during which he was detained as mentioned in paragraph (a ) or paragraph (b ) of this section
S-4 Legitimacy of children of voidable marriages.

4 Legitimacy of children of voidable marriages.

(1) Where a decree of nullity is granted in respect of a voidable marriage, any child...

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