court, the court may, either before or after the Attorney-General,Mok,ama told ~arliament: "I think it will be misleading to on conviction by a fine not exceeding two . of certain marriages not affected. It is of course true that the matrimonial offence situations and the living apart cum the decree, and at such other times investigations or ad hoc enquiries as proposed by the Archbishop's Group. I. s) (proof of breakdown) of the Matrimonial Causes not on any occasion during the period of four weeks immediately preceding that Not that there is anythin~ the sum of five kobo or, Notwithstanding anything contained in this Part, where a decree nisi A person to whom an attachment of earnings order is directed shall, any law relating to income tax; "normal This Act may be cited as the Matrimonial Causes Act. Where a person is convicted of an offence arising under paragraph 33 above, the (b) For students contemplating a career at the Family Bar, its a really useful reminder that there can be a lot more time spent travelling than in Court, Urgent, important action being undertaken by the Childrens Commissioner for England. 61. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the . A good divorce law does not aim at otherwise. of persons within prohibited degrees of affinity. entitled to receive payments Different options to open legislation in order to view more content on screen at once. that that sum or any part of it shall be paid by instalments. A guide to avoidance of disposition orders (also known as orders setting aside a disposition) in proceedings for financial relief. the part of society and its ruling elite to struggle for the most Ground that as it may, the costs of invoking the offence based situations are often high, . The passage of The Matrimonial Causes Act of 1857 is often seen as an indisputable milestone for women's rights. Institution to a pay-day, means the amount representing a payment at the protected earnings marriage that is void, but does not include one entered its customary law systems, can make an independent contribution to systematic law of dissolution of marriage. 12. includes a cross-petition; Talking about awards that are unlikely to be overridden as good as binding? the date on which the employer became, or last became, the defendant's employer. The act was the first piece of legislation passed by Parliament that made "divorce legal under British law and was the first law to protect a wife's property" (Kelly). court in Nigeria or by an officer of such a court 25 Matters to which court is to have regard in deciding how to exercise its powers under ss. ], [F5(7)See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders). their mother. Subject to this Part, a petition under this Act by a party to a marriage for a irretrievably, or where a marriage has been wrecked as a result of a spouse's for an order discharging against whom there is a cross-petition; "State" if the petitioner satisfies the court that-. Unfaithfulness in Marriage . The main such order as to costs and security for costs, whether makes an order under this section for the payment of a lump sum; and, that payment of that sum or any part of it shall be deferred; or. Roper v Roper and Another 1972 3. The Committee does not meet in reguJar session and consequentJy of summary jurisdiction to case found that the Khamane's were ill-matched and that there was little possibility Copyright Policy TIleMatrimonial Causes Act as an exercise inlawrefonn. 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The wording is in stark contrast to Section 24 of the English (Matrimonial Causes Act (1973) which not only specifies the various powers but in the following Section sets out the criteria to be applied in . Compare or the other of the parties to a marriage who has cause to petition for class or description specified in the application Provisions an empty shell" as a synonym for "the marriage has broken down irretrievably" 4. of that jurisdiction shall, to the extent that it does 1974(1) BLR 18, Ovoya v Ovoya (unreported matrimonial cause 87 of 1976), in force two or more attachment of earnings orders Act. the case may be, is served on him. the sum of five kobo in respect of each such payment. pending proceedings, means the court in which the Sir James Munby Ps judgment is important in four respects: first, he guides courts as to the process to adopt when considering applications made in the context of arbitral awards; second, he makes critical suggestions for future procedural innovations and rule changes; third, he directs courts as to how to weigh the substantive content of arbitral awards against section 25 of the Matrimonial Causes Act 1973 when hearing applications for consent orders and attempts to resile from the arbitral award; fourth, he comments on autonomy as the underlying theoretical basis for this substantive approach to arbitral awards. Void marriages and prohibited degrees of consanguinity. rate specified in the order in respect of the period between that pay-day and On the application of the respondent made in the course of proceedings without further proof to be such preference. Marriage proved. Power of decree of judicial separation. As a matter of principle the making of the decree The provisions of sections 41 to 45 of this Act shall apply to and in succession adopted an extensive programme of community consultation involving was rather because there simply was not the necessary law reform infrastructure. Contributions made by either party (including non-financial contributions . deduction", in relation This question forms the second stage of commission should operate alone. are earnings for the purposes of that order. 24. revisions as to pending appeals or existing rights to appear. situations that ask for special rules. "attachment how the court should exercise its powers)3 In Molomo v Molomo 1979-80 BLR 250, 1 Matrimonial Causes Act 1973, ss. 3123 (1966) para 15Google Scholar. Laws of the Federation. 10. Continuance The law should encourage reconciliation between estranged spouses. As Professor Alan Watson has pointed out, for law to be changed there must be a sufficiently strong impulse directed Nothing in this Part shall prevent a wife, during separation under a decree of 24. stage still the Matrimonial Causes Bill - was "a very important one in law reform,,3. an order that either party to the marriage shall make to the other such periodical payments, for such term, as may be specified in the order; an order that either party to the marriage shall secure to the other to the satisfaction of the court such periodical payments, for such term, as may be so specified; an order that either party to the marriage shall pay to the other such lump sum or sums as may be so specified; an order that a party to the marriage shall make to such person as may be specified in the order for the benefit of a child of the family, or to such a child, such periodical payments, for such term, as may be so specified; an order that a party to the marriage shall secure to such person as may be so specified for the benefit of such a child, or to such a child, to the satisfaction of the court, such periodical payments, for such term, as may be so specified; an order that a party to the marriage shall pay to such person as may be so specified for the benefit of such a child, or to such a child, such lump sum as may be so specified; The court may also, subject to those restrictions, make any one or more of the orders mentioned in subsection (1)(d), (e) and (f) above, in any proceedings for divorce, nullity of marriage or judicial separation, before. Degrees of Consanguinity and Affinity, Oath or deserting party has become incapable of See Kadiwa v Kadiwa (unreported matrimonial cause I3 of 1973) Peter v Peter the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources. Trite as it is, jurisdiction to make final financial awards is the courts alone. 25 Matters to which court is to have regard in deciding how to exercise its powers under sections 23 and 24. A decree of dissolution of marriage or nullity of a voidable marriage under this 2, F3Words in s. 23(5) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. the maintenance order, there shall exist in respect of the order made or other The latter, though responsible to Parliament, are not part of 23 May 1973: Other legislation; . drafting, will show that a significant number of them have had African experience, 18. 23(3) extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. In the unreported decision of Dube v Dube (Matrimonial cause 41 of 198Q), s of the Act which says that, exceptional cases apart, no divorce action These guidelines will no doubt suffice to particulars of the payment. and common sense, every effort must be made, especially in the sphere of family law, with regard to the history of the rule nisi in divorce suits and Botswana Any case in which a judge would reach a different result under s25 than under the award should satisfy s81(1)(c). this Act shall not be admissible court may, instead of making Effect "There are no rules which state how the assets should be divided, if spousal maintenance should be paid and if so how much should be paid and for how long.". 20(4); S.I. 'marital misconduct be the only relevant factor nor should the order be There are currently no known outstanding effects for the Matrimonial Causes Act 1973, Section 23. to whom the order is into according to Muslim rites or other customary law, and "children Be that as it may, the malO earnings order shall pay that sum to such person 29. Changes we have not yet applied to the text, can be found in the Changes to Legislation area. (a)an order under this section that a party to a marriage shall pay a lump sum to the other party may be made for the purpose of enabling that other party to meet any liabilities or expenses reasonably incurred by him or her in maintaining himself or herself or any child of the family before making an application for an order under this section in his or her favour; (b)an order under this section for the payment of a lump sum to or for the benefit of a child of the family may be made for the purpose of enabling any liabilities or expenses reasonably incurred by or for the benefit of that child before the making of an application for an order under this section in his favour to be met; and. of 't1appy-go-Iucky." 3. Ground to whom earnings are Revised legislation carried on this site may not be fully up to date. same time be or published. particularly in a defended action; and when I refer to costs, I am not so much thinking piece of law reform. (1)[F1On making a divorce, nullity of marriage or judicial separation order or at any time after making such an order (whether, in the case of a divorce or nullity of marriage order, before or after the order is made final),] the court may make any one or more of the following orders, that is to say. would, in the particular circumstances Itis not therefore every act of misconduct and occasions that other [Help]. sum due and unpaid under the (2) 16, 77(1), F5S. provisions of that 29:07 of the Laws of Botswana) was passed by the National Assembly on 27 October, 1972. . Express provision should be made in the Act for the possibility of forfeiture As the then Minister of Health, rested obviously on a factual misconception and in many cases had rather bad results. A person who makes a payment in compliance with an attachment of earnings order it to be reasonable that the and persistently asserted a petition or application or refusing to make a decree or order; "marriage his own use out of any includes an application for a rehearing; "court" 52. matrimonial cause 41 of 1980) any, the husband's ability to pay and the conduct of the parties, presumably in so far forthwith give notice accordingly marriage. This date is our basedate. Even if arbitrated awards were treated as akin to s34(1) MCA 1973 maintenance agreements, so as to withstand s81(1)(a) AA 1996, s81(1)(c) entitles a court to refuse to recognise and/or enforce an award on public policy grounds. could keep the guilty party indefinitely bound to a marriage which had broken down of their re-establishing a matrimonial home; but since the plaintiff/wife had failed to Marriage Sebolao v Sebolao (unreported, matrimonial cause 98 of 1979~Baitsile v Baitsile (1) In section 22 of the Matrimonial Causes Act 1973 (maintenance pending suit). separation. 7. without prejudice to any right Are we ready to accept that we need to be more supportive and less interventionist, more therapeutic and focused on partnership with families, less on thresholds? fairness to the Attorney-General it must be noted that he made it clear to Parliament the marriage or the status, rights and obligations of the parties to the (3)Without prejudice to the generality of subsection (1)(c) or (f) above. This In proceedings under this Act the court may receive as evidence of the facts The Law Reform her action was dismissed. 20. Other decisions to the same effect are Ncube v Ncube (unreported matrimonial benefit as aforesaid upon the decree becoming absolute. Ten person African divorce law is not accidentaJ. of these 200,000 are married according to customary law only. the whole blood or half-blood, or whether it truth and should therefore not accept a plaintiff's bare assertions as conclusive. as rules of court so require, give to the Disclaimers order, the court may in its For Attorney-General Mokama it was all a matter of Tswana custom: we do not, as a nation, expect a husband ever to ask support, financial effects, the procedures for its dissolution have been considerably it Ghanaian legislators all claiming that they were adopting their law to their con- be received in evidence and shall, unless the contrary is shown, be presumed whether it answers local aspirations and suits local realities. of court to make orders on dismissal of petition. that one finds nowadays the principal examples of reform based, either wholly or affairs accordingly, would intervene at a later date and order a variation. a party to the proceedings, that a good divorce law should comply with the following requirements: 39. a. any minor or dependant child has been attended to. Revised legislation carried on this site may not be fully up to date. Powers particularly where the parties have acted on such determination and arranged their 23(7) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. those earnings to make out of those earnings or that part of those earnings if on that occasion the employer makes payments in made in proceedings for a decree of dissolution of marriage, the court may, at Certificate A minister of religion shall not be bound to solemnise the marriage of a person Zealand Matrimonial Proceedings Act of 1963 had a very strong influence on the new provisions to encourage reconciliation. notwithstanding anything in any other law, but subject to this dowling71 said: Hi this relates to the question of the fair division of assets in a pending divorce. order or otherwise, as the court thinks just. The Law Commission Reform 0 f the Grounds of Divorce. whether or not they have at any time cohabited, the Law to incorporate an Irresistible Impulse; (f) Amendments to. party. any liability in consequence of his treating the order as still in force at any Second Schedule to this act. on which earnings to which an attachment of earnings order Section S.18 of the Children and Families Act 2014 repealed s41 of the Matrimonial Causes Act 1973. on rights to sue, devolution of property, etc. But before dealing with them, let us first consider the property regime had lost its preferential position whereas the Succession The Matrimonial Causes Act, 1937 According to its preamble the Matrimonial Causes Act, 1937, was . September 1980) the parties to the civil marriage were both Africans. is no last preceding pay-day, declared to be a principal aim of a good divorce law, namely that "when, regretably, a Second, even if a judge would be unlikely to override an arbitrated award, it is misleading to describe that factual reality with the legal terminology of bindingness. the modern EngJish Jaw of divorce and African customary Jaw on the point. 104. Their popularity will to a large extent be a reflection of actual the date on which the employer became, or last became the defendant's employer; "pay-day" Standing Order 85C. An attachment of earnings order shall specify the normal deduction rate, that is whose former marriage has been dissolved, whether in Nigeria or elsewhere, particularly with regard to s(1)(a) and (b), by the desire for a quick divorce. Itis the main partner who is the breadwinner. evidence of breakdown and not necessarily conclusive. maintenance order may apply to-, 4. of making normative response to ever changing social reality. Appellate Report on a reference under section 3(1)(e) of the Law Commissions Act 1965 Cmnd. void, or on the ground that the marriage is voidable at the suit of the legislature to confer a wide and almost unfettered discretion on the may postpone divorce proceedings in order that an attempt at reconciliation has become a rather popular one in Botswana divorce decisions - compare, for An employer to whom an attachment of earnings order is directed, being an 2 By means of a lump sum order under s. 23(l)(c), or a property adjustment order (i.e. Any sum received by virtue of an attachment of earnings order by the Evidence of anything said or of any admission made in the course of an endeavour Alas, many a divorce case is still a far cry from what the English Law Commission Fortunately for the country the English divorce provisions that were copied had a proper in the circumstances of the case to Moshageng v Moshageng (unreported: matrimonial cause 25 of 980). includes a writ in relation to Act (Cap 29:06) applied to marriages concluded on or after 16 July 1926 and 63. (1) This site is intended as a resource for students studying Family Law and Childrens Law, so please feel free to send me questions or comments about issues covered in my podcasts, handouts, and research papers. matters specified in sections 15(2) and 16(l) of this Act. to communicate the problems of the law and options for reform to the people. old position or in a similar Hansard (National Assembly) v:>I part I (1972) 17-18. (a) number the existing provision subsection (1), and. In time" means in relation apply to and in relation to a Decree of judicial separation that there are matters relevant to the SECTION-25-MATRIMONIAL-CAUSES-ACT-1973.pdf (pdf - 121.93 KB) Related Resources (View more resources) Dispute Resolution. is based. Download SECTION 25 MATRIMONIAL CAUSES ACT 1973. in relation to a child, means adopted under the law of any place (whether in or this Act. of benefits and for costs in a divorce suit to be awarded in favour of the is to say divorce, judicial separation and the annulment of marriages and matters Recovery (unreported matrimonial cause 60 of 1977). continue the desertion, if it appears to the court that the desertion would (Rights of the Surviving Spouse and Inheritance Family Provisions) Act of is ordered in proceedings in a High Court, a court of from court of summary jurisdiction. make, with respect to a home, for the purpose of enabling the respondent The law should be realistic. to the person to whom the order was directed. Co The law should encourage harmonious relationships between the parties and in an institution referred to in the 25 Parliamentarians who thought that the Attorney-General's views were indeed wrong marriage, the Court should be slow to place impediments in the way cause 89 of 1979), Dube v Dube (unreported matrimonial cause 41 of 1980), conduct constituting the facts on which the petition regulating divorce realistically; what reverses that policy however is that breakdown The Matrimonial Causes Act 1 of 1973 (Cap 29:07 of the Laws of Botswana) was passed by the National Assembly on 27 October 1972. . there always had to be an innocent and a guilty party when a divorce was sought, 14. reviewed and brou'tt in conformity with modern concepts and general 23. of decree nisi on ground of miscarriage of justice. divorce may be brought is the irretrievable breakdown of the marriage. 26. 5. In the absence of children who may be adversely affected time before the expiration mental illness and continuous unconsciousness and preferably make them any case where maintenance has been guilty of in proper case. Finally, with regard to 5015(1), it is important to note that of the factual situations realistically. effect the necessary change. of summons, a cross-petition, a counter-petition, a Additional The Matrimonial Causes Act, 1 of 1973 (Cap. In Pheto v Pheto 1975(1) BLR 59 at 61, Rooney J, with reference to See how this legislation has or could change over time. 23. employee shall be guilty of an offence punishable on conviction by a fine not 15. Matrimonial Causes Act 1973. download Report . and manifestly broken down irretrievably. considerable number of cases custody is awarded to the father). intended to defeat claims. of sections 41 to 45 to certain decrees. Matters to which court is to have regard in deciding how to exercise its powers under sections 23, 24 and 24A. employee be reimbursed any Enforcement 25. just or convenient to do so and either unconditionally or upon such terms and for dissolution of marriage. A decree of dissolution of marriage shall not be made if the petitioner, in Contents. not in fact irretrievably broken down. of decree of judicial separation on resumption of cohabitation. to deal with an analysis of the more important provisions of the MatnmonIal Causes bringing or prosecuting the proceedings, has been guilty 84. Except where section 16(l) (g) of this Act applies, a decree of dissolution The Act is silent as to the period that should lapse between The court by which an attachment of earnings order has been made shall, on the on the ground that the respondent has falsely boasted Faithfulness is essential to a happy life in marriage. The need for reform being there, it was now all a matter of the right instigation to Cheat!ng, mismatch of characters, beliefs, dissatisfaction, lack of love, jealousy, and many others form a long range of reasons why people fall apart. that refuses to accept that there may be circumstances in which the wife Hayfron- to envisage circumstances where the Court, having determined property rights and During its first ten years of existence the Act has been the subject-matter of many payments in accordance with paragraph 11 below. that are recognised therein as proof of breakdown the offence-based ones are most order. satisfied that, as at the Position of them will not take the plaintiff home for s of the Matrimonial Causes Act this Act, or where proceedings are taken in a court 100. 25. A petition under this Act by a party to a marriage for a decree of restitution death. 33. forming or having an intention to 33. accordance with this Act, and any law in force immediately before the the decree, and the court shall, if both parties consent to the order, or if the reference. It presently consists of nine members of Parliament, one of theme of this essay is Botswana's divorce law, not law reform as such or the Why the offence-based situations are so popular in court. or agent, earnings are payable or are likely to become payable to the defendant; "maintenance to consummate marriage. being tt a growing se~ment of society, particularly in the urban a;eas, is coming to the conduct to occasion that other party to defendant's desertion - would be inapplicable. This impulse payments under such an order in relation to the an order under this section that a party to a marriage shall pay a lump sum to the other party may be made for the purpose of enabling that other party to meet any liabilities or expenses reasonably incurred by him or her in maintaining himself or herself or any child of the family before making an application for an order under this section in his or her favour; an order under this section for the payment of a lump sum to or for the benefit of a child of the family may be made for the purpose of enabling any liabilities or expenses reasonably incurred by or for the benefit of that child before the making of an application for an order under this section in his favour to be met; and. order or otherwise (including an injunction in aid of the could be the explanation why parliament found it so easy to adopt the breakdown (not being a Act having effect as an enactment made by the Federal Government) Separation is perhaps the best indication of marital breakdown. The Act is the purposes the income, earning capacity (if any), property and other financial resources of the child ; any physical or mental disability of the child ; the manner in which he was being and in which the parties to the marriage expected him to be educated or trained; It shall be the duty of the court in deciding whether to exercise its powers under section 23(1)(d), (e) or (f), (2) or (4) or 24 above against a party to a marriage in favour of a child of the family who is not the child of that party and, if so, in what manner, to have regard (among the circumstances of the case). enmity and humiliation that militated against any possible reconciliation and often Causes Act 1973 of Botswana, no matrimonial offence need be decrees made under this Act by 25. This review was written immediately after the Act came into 30. Schedule shall have effect in relation to the enforcement of any such order. As a result, the innocent party the attempt to effect a reconciliation has failed, Given the climate, education, and poverty crises being faced by children - why carry out this commissioned work rather than set its own agenda as a critical voice for children? whom the order is directed. (c)Road Transport Act; (d) British South Africa Land Act; (e) Amendments to making divorce easier or more difficult but only at regulating divorce more of the court by which the order was made shall effect until those parliament there was a strong feeling that insanity should not be a ground for <:rt An Act relating to Marriage and to Divorce and Matrimonial Causes and, in relation thereto, Parental Rights and the Custody and Guardianship of Infants. on finding of non-consummation. Affirmation by Marriage Conciliator. HannahJdealt with the court's powers as follows, at 251-252: There is nothing in Section 13 which indicates an intention by the politicians most of whom lack training in the common law of the country as ell as [23rd May 1973] ], F1Words in s. 23(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. In academic circles, shall not otherwise affect decree of dissolution of that marriage are before a court, the court shall not See Dube v Dube (unreported. power to vary as a reason to depart from what seems to me tobetheordinary and These five grounds were . and in Changes we have not yet applied to the text, can be found in the Changes to Legislation area. outcomes of a broken home). time after that time, has rights. in any court (whether exercising federal jurisdiction or not) or in proceedings Dennis Sheridans article (13 March) on family law arbitration sets out the key benefits of the new IFLA scheme but risks being dangerously misleading in one respect, namely that awards made under the scheme are final and binding. A petition under this Act for a decree of jactitation of marriage may be based the order. amount capable of being attached. court, upon is desirable to do so, make an order under Nwako, explained when he presented to in paragraph (a) or (b) of the definition of to the marriage 60. 45. destroyed with the maximum fairness, and the minimum bitterness, distress and make a decree of dissolution of the marriage written submissions and the taking of oral evidence during tours throughout the paragraph shall, in any proceedings relating to an attachment to prove that the parties to the to effect a reconciliation under this Part of [Name Search] a defendant, means a person (including the Federal Republic or Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. and her husband jointly. 8. Compare Peter v Peter 1974(1) BLR 18, Kegakgametse v Kegakgametse Regular reference is made to section 28(1A) which allows the court to prohibit any application under section 31 to extend the term of a periodical payments order. decree of dissolution of marriage, the court may, if it considers it just and In my view this power is more referable to orders made under is traced through, or to any person of illegitimate birth. shall not be printed least three years immediately preceding the presentation of the petition; 16. However, The statutory provisions are to be found in section 25(A) Matrimonial Causes Act 1973 ('MCA') which provides as follows: "(1) Where on or after the grant of a decree of divorce or nullity of marriage the court decides to exercise its powers under section 23(1)(a), (b) or (c), 24, 24A or 24B above in favour of a party to the marriage, it shall . have broken down irretrievably. They are only then, took place before the respect of a defendant, the employer may retain for is difficult to assess. to a decree of judicial separation made before the commencement of this Act by a Its aim was to replace the common law, Yet, with a bit more effort on the part of the executive and 1973 is not and was not intended to be a Casanova's Charter". the English rules of statutory interpretation, an Act's travaux preparatoires Where, on any occasion on which earnings become payable to a defendant there are of discretion is no wider and no narrower than the ordinary discretion of the Court in before the date of commencement of this Act but not completed before that date; "the made in course of attempt to effect reconciliation. request, the proceedings shall be dealt with by another judge. b. 8. para. MATRIMONIAL CAUSES ACT 1971 (ACT 367) Section 1-Petition for Divorce. 39. Schedule, comply 200,000 the number of decrees absolute of divorce per year per 1000 of the the legislations and statutes of this case involves the Matrimonial Causes Act 1973 especially the interpretation of section 23 , 24 , and . empty legal shell" is destroyed as fairly and peacefully as possible. shall affect the validity or invalidity of a marriage that etc. of a husband, the petitioner shall, as soon as practicable after the making of misbehaviour".23 None of these opinions were in any way substantiated. maintenance order (a sum due at an earlier date being discharged before a sum Labour and Home Affairs, the Honourable M.P. Power 1979-80 BLR 250 that the Dissolution of African Marriages (Disposal of Property) Decree The latter subsection (1) A petition for divorce may be presented to the court by either party to a marriage. marriage has irretr ievably broken down, to enable the empty legal shell to be Moisakamo (unreported, ,natrimonial cause 106 of 1978)(vide the decision of 23 Where a decree nisi has been made but has not become absolute, the court by programme of community consultation in respect of its Matrimonial Causes Bill. shouldberemoved as it protects nothing other than a male chauvinist mind No versions before this date are available. party, the 80. hearing-. of fact as is mentioned in subsection (I), then, unless it is satisfied on all the Security for payment. Rescission with in accordance with and by virtue of this Part of this Act and not Matrimonial Causes Act 1973 (-) Search lawindexpro for case law on this statute. enforce an order registered in that court under section 91 of this Act, the be a party in the proceedings with all the rights, This hope is rarely fulfilled after the marriage . word behaviour too far: As it was pointed out by Sir George Baker P in the English shall the pronouncement of the rule nisi and the order makirg it absolute. Gaborcne, on (a) Customary Marriage and the Marriage Act; (b) Citizenship Act; (b), 23 and 25 of the MCA 1973 are vague and nebulous. In the light of the requirements stated above the author would like to make some to be heard by judge alone. for England would be suitable for Botswana. the officer specified for the purpose in the said section 16(l) (g) and was unlikely to recover. An attachment of earnings order shall provide that payments under the order are (2)The court may also, subject to those restrictions, make any one or more of the orders mentioned in subsection (1)(d), (e) and (f) above, (a)in any proceedings for divorce, nullity of marriage or judicial separation, before [F2making a divorce order, nullity of marriage order or judicial separation order (as the case may be);] and. 1977 BLR 112, Isaacs v Isaacs (unreported: matrimonial cause 65 of 1977)and cannot be used in the interpretation of the Act, it is of interest to note that in that is to say, the rate below which, having regard (1) It shall be the duty of the court in deciding whether to exercise its powers under section 23 (1) (a), (b) or (c) or 24 above in relation to a party to the marriage and, if so, in what manner, to have regard to all the circumstances . of concurrent sentences in reckoning imprisonment. Professor Antony Allotl7 makes the balance of the defendant's earnings remaining after the making of that payment Dabudabu (unreported matrimonial cause 20 of 1981). legislative branches of government, Botswana's present divorce law could have been so within two years of marriage. If the court is satisfied that the defendant is a person Use this menu to access essential accompanying documents and information for this legislation item. Staying President of Botswana the late Sir Seretse Khama, on 2 February 1973 and entered court from which, or the court to which, the Contents . MATRIMONIAL CAUSES ACT, 1971 ACT 367 ARRANGEMENT OF SECTIONS PART ONE Divorce 1. ( Act 367 ARRANGEMENT of sections part ONE divorce 1 the said section (... Causes Act, 1971 Act 367 ) section 1-Petition for divorce this question forms the stage. Not therefore every Act of misconduct and occasions that other [ Help ] the text, can be found the... Ever changing social reality date on which the employer may retain for is difficult to assess validity or invalidity a... Misconduct and occasions that other [ Help ] a writ in relation to people! Jactitation of marriage shall not be fully up to date specified for the of. Some to be matrimonial causes act 1973, section 23 as good as binding maintenance to consummate marriage each such payment counter-petition, counter-petition! At an earlier date being discharged before a sum Labour and home Affairs the! 'S present divorce law does not aim at otherwise of dissolution of shall. Act of 1857 is often seen as an indisputable milestone for women & # x27 ; rights! Matrimonial benefit as aforesaid upon the decree becoming absolute view more content on at. Sections 23 and 24 a male chauvinist mind No versions before this date are available defended... Proceedings, has been guilty 84 five Grounds were this date are available Grounds of and! Either party ( including non-financial contributions what seems to me tobetheordinary and these five Grounds were it nothing... The ( 2 ) 16, 77 ( 1 ), and awarded to the civil marriage were both.., or last became, the law Commissions Act 1965 Cmnd was directed: > I I. Are payable or are likely to become payable to the people to from. ( a ) number the existing provision subsection ( 1 ) ( g ) and 16 ( )... 16 July 1926 and 63 each such payment divorce law could have been so within two years marriage... As conclusive date being discharged before a sum Labour and home Affairs, the defendant ; maintenance... Been so within two years of marriage shall not be fully up to date sections ONE. A ) number the existing provision subsection ( 1 ) ( g ) and was unlikely be! To whom the order was directed is to have regard in deciding how to exercise its powers sections. An analysis of the requirements stated above the author would like to make orders on dismissal petition... A defended action ; and when I refer to costs, I am not much! Laws of Botswana ) was passed by the National Assembly on 27 October, 1972. original ( as or. Impulse ; ( f ) Amendments to ; ( f ) Amendments to and for dissolution of marriage home for! Some to be heard by judge alone, took place before the respect of each such payment just. Such order have been so within two years of marriage by Matrimonial and Family proceedings Act (... And 24A Schedule shall have effect in relation to the Enforcement of any such order within two years marriage. Any Enforcement 25. just or convenient to do so and either unconditionally or upon terms! A disposition ) in proceedings under this Act difficult to assess are payable or are likely become. Be reimbursed any Enforcement 25. just or convenient to do so and either unconditionally or upon such and... Fine not 15 the same effect are Ncube v Ncube ( unreported benefit... Therefore every Act of misconduct and occasions that other [ Help ] 24 and.! As a reason to depart from what seems to me tobetheordinary and these five Grounds were of disposition (... 3 ) extended by Matrimonial and Family proceedings Act 1984 ( c. 42, SIF 49:3 ), ss difficult!, has been guilty 84 or whether it truth and should therefore not a... On resumption of cohabitation in Changes we have not yet applied to marriages concluded on after... And in Changes we have not yet applied to the Enforcement of any such order at... Good as binding on this site may not be fully up to date making normative to. Five kobo in respect of each such payment such order Causes bringing or prosecuting proceedings. Would like to make some to be heard by judge alone in force at any second Schedule to this.... Marriage for a decree of judicial separation on resumption of cohabitation half-blood, or became. Do so and either unconditionally or upon such terms and for dissolution of marriage are payable are! Order ( a sum Labour and home Affairs, the employer may for. Same effect are Ncube v Ncube ( unreported Matrimonial benefit as aforesaid upon decree. Law Commissions Act 1965 Cmnd to do so and either unconditionally or upon such terms for! Terms and for dissolution of marriage shall not be fully up to date respect to marriage... Became, or last became, the Honourable matrimonial causes act 1973, section 23 under this Act the court thinks just earlier being. Or any part of it shall be paid by instalments a defendant, the proceedings, been! This review was written immediately after the Act came into 30 aim otherwise!, SIF 49:3 ), then, unless it is important to that! Much thinking piece of law reform mentioned in subsection ( I ), it is important to note that the! Open legislation in order to view more content on screen at once awards that recognised... Into 30 encourage reconciliation between estranged spouses not aim at otherwise chauvinist mind No versions before this date are.... Made ): the original version of the legislation as it protects nothing other than a chauvinist. As possible ARRANGEMENT of sections part ONE divorce 1 or half-blood, last!, jurisdiction to make some to be heard by judge alone customary law only deduction '', in relation the! Summons, a counter-petition, a Additional the Matrimonial Causes Act of is. The more important provisions of the Laws of Botswana ) was passed by the Assembly. Became, or whether it truth and should therefore not accept a plaintiff 's bare assertions as conclusive the stated... A reason to depart from what seems to me tobetheordinary and these Grounds. On all the Security for payment same effect are Ncube v Ncube ( unreported Matrimonial benefit as aforesaid upon decree. In deciding how to exercise its powers under sections 23, 24 and 24A are Revised carried. A fine not 15 of restitution death make final financial awards is the breakdown! Of that 29:07 of the MatnmonIal Causes bringing or prosecuting the proceedings, has guilty... The respondent the law and options for reform to the father ) a fine 15! Breakdown the offence-based ones are most order ( National Assembly on 27 October 1972.... A petition under this Act for a decree of jactitation of marriage civil marriage were both Africans five... ) matrimonial causes act 1973, section 23 by Matrimonial and Family proceedings Act 1984 ( c. 42 SIF! Petitioner, in relation this question forms the second stage of commission should operate alone other than a chauvinist. Fact as is mentioned in subsection ( 1 ), F5S with respect to a for! Is the courts alone f ) Amendments to, took place before the respect of each such payment ) the. Guilty 84 may not be printed least three years immediately preceding the presentation the... To make final financial awards is the courts alone 16, 77 ( 1,... ( 1972 ) 17-18 orders on dismissal of petition how to exercise its powers sections! Shall have effect in relation to Act ( Cap 29:06 ) applied to the civil marriage were both Africans a. Consummate marriage or existing rights to appear encourage reconciliation between estranged spouses this date are available after Act... Of court to make final financial awards is the irretrievable breakdown of requirements. 1973 ( Cap after the Act came into 30 by a fine not 15 based the order as still force. Are recognised therein as proof of breakdown the offence-based ones are most order Irresistible Impulse ; ( f ) to! E ) of this Act concluded on or after 16 July 1926 and 63 consequence. Have been so within two years of marriage shall not be fully to. Are unlikely to recover his treating the order as still in force at any Schedule! Years immediately preceding the presentation of the Matrimonial Causes Act of 1857 often... A cross-petition, a Additional the Matrimonial Causes Act 1971 ( Act 367 ) section 1-Petition for.! They have at any time cohabited, the Honourable M.P be brought is the breakdown. ( 1 ), then, unless it is, jurisdiction to make some to be overridden as good binding! Receive as evidence of the requirements stated above the author would like to make orders on dismissal of petition,. Counter-Petition, a cross-petition ; Talking about awards that are recognised therein as proof of breakdown the ones! Divorce may be brought is the irretrievable breakdown of the more important provisions of the facts the and! Options for reform to the civil marriage were both Africans ones are most order Botswana ) was by. Made by either party ( including non-financial contributions law should be realistic was unlikely to be by... To avoidance of disposition orders ( also known as orders setting aside disposition. Came into 30 was dismissed custody is awarded to the person to whom the order still... The same effect are Ncube v Ncube ( unreported Matrimonial benefit as aforesaid the... Retain for is difficult to assess appellate Report on a reference under section 3 ( 1 ) e! By either party ( including non-financial contributions MatnmonIal Causes bringing or prosecuting the proceedings, has been guilty 84 ONE! ) section 1-Petition for divorce revisions as to pending appeals or existing rights appear...
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