The Practice in Divorce (New South Wales): Being the Matrimonial Causes Act of 1873, and the Amending Acts Up to the Present Time, and the Rules and Regulations Issued Thereunder, with References to the English Acts and Rules; Also the Reported Decisions of the Divorce Court and an Appendix of Cases Not Contained in the N.S.W. Digests ...

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C.F. Maxwell, 1893 - 200 pages

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Page 51 - In case the Court shall be satisfied on the evidence that the case of the petitioner has been proved, and shall not find that the petitioner has been in any manner accessory to or conniving at the adultery of the other party to the marriage, or has condoned the adultery complained of, or that the petition is presented or prosecuted in collusion with either of the respondents, then the Court shall pronounce a decree declaring such marriage to be dissolved...
Page 42 - ... and may make such orders with reference to the application of the whole or a portion of the property settled either for the benefit of the children of the marriage or of their respective parents as to the Court shall seem fit.
Page 38 - Court may, from Time to Time, before making its final Decree, make such Interim Orders, and may make such Provision in the final Decree, as it may deem just and 25 proper with respect to the Custody, Maintenance, and Education of the Children...
Page 32 - The Court may, if it shall think fit, on any such decree, order that the husband shall to the satisfaction of the Court secure to the wife such gross sum of money, or such annual sum of money for any term not exceeding her own life, as, having regard to her fortune (if any), to the ability of the husband, and to the conduct of the parties...
Page 17 - ... and suing and being sued in any civil proceeding : and her husband shall not be liable in respect of any engagement or contract she may have entered into, or for any wrongful act or omission by her, or for any costs she may incur as plaintiff or defendant : provided that where upon any such...
Page 29 - Attorney-General may deem necessary or expedient ; and if from any such information or otherwise the said proctor shall suspect that any parties to the suit are or have been acting in collusion for the purpose of obtaining a divorce contrary to the justice of the case...
Page 16 - In every case of a judicial separation, the wife shall, from the date of the sentence, and whilst the separation shall continue, be considered as a feme sole with respect to property of every description which she may acquire or which may come to or devolve upon her...
Page 40 - ... no witness in any proceeding, whether a party to the suit or not, shall be liable to be asked or bound to answer any question tending to show that he or she has been guilty of adultery, unless such witness shall have already given evidence in the same proceeding in disproof of his or her alleged adultery.
Page 26 - Court shall pronounce a decree declaring such marriage to be dissolved; provided always that the Court shall not be bound to pronounce such decree if it shall find that the petitioner has during the marriage been guilty of adultery...

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