The Divorce Act, 1869

1. PreamblePreamble

Chapter I PRELIMINARY

1. Section 1Short Title Commencement of Act
2. Section 2Extent of Act
3. Section 3Interpretation-clause

Chapter II JURISDICTION

1. Section 4Matrimonial jurisdiction of High Court Division to be exercised subject to Act Exception
2. Section 5[Omitted]Repealed
3. Section 6[Omitted]Repealed
4. Section 7Court to act on principles of English Divorce Court
5. Section 8Extraordinary jurisdiction of High Court Division
6. Section 9Reference to High Court Division

Chapter III DISSOLUTION OF MARRIAGE

1. Section 10When husband may petition for dissolution
2. Section 11Adulterer to be co-respondent
3. Section 12Court to be satisfied of absence of collusion
4. Section 13Dismissal of petition
5. Section 14Power to Court to pronounce decree for dissolving marriage
6. Section 15Relief in case of opposition on certain grounds
7. Section 16Decrees for dissolution to be nisi
8. Section 17AAppointment of officer to exercise duties of King’s Proctor
9. Section 17Confirmation of decree for dissolution by District Judge

Chapter IV NULLITY OF MARRIAGE

1. Section 18Petition for decree of nullity
2. Section 19Grounds of decree
3. Section 20Confirmation of District Judge’s decree
4. Section 21Children of annulled marriage

Chapter V JUDICIAL SEPARATION

1. Section 22Bar to decree for divorce a mensa et toro; but judicial separation obtainable by husband or wife
2. Section 23Application for separation made by petition
3. Section 24Separated wife deemed spinster with respect to after acquired property
4. Section 25Separated wife deemed spinster for purposes of contract and suing
5. Section 26Decree of separation obtained during absence of husband or wife may be reversed

Chapter VI PROTECTION-ORDERS

1. Section 27Deserted wife may apply to Court for protection
2. Section 28Court may grant protection-order
3. Section 29Discharge or variation of orders
4. Section 30Liability of husband seizing wife’s property after notice of order
5. Section 31Wife’s legal position during continuance of order

Chapter VII RESTITUTION OF CONJUGAL RIGHTS

1. Section 32Petition for restitution of conjugal rights
2. Section 33Answer to petition

Chapter VIII DAMAGES AND COSTS

1. Section 34Husband may claim damages from adulterer
2. Section 35Power to order adulterer to pay costs Power to order litigious intervenor to pay costs

Chapter IX ALIMONY

1. Section 36Alimony pendente lite
2. Section 37Power to order permanent alimony Power to order monthly or weekly payments
3. Section 38Court may direct payment of alimony to wife or to her trustee

Chapter X SETTLEMENTS

1. Section 39Power to order settlements of wife’s property for benefit of husband and children
2. Section 40Inquiry into existence of ante-nuptial or post-nuptial settlement

Chapter XI CUSTODY OF CHILDREN

1. Section 41Power to make orders as to custody of children in suit for separation
2. Section 42Power to make such orders after decree
3. Section 43Power to make orders as to custody of children in suits for dissolution or nullity
4. Section 44Power to make such orders after decree or confirmation

Chapter XII PROCEDURE

1. Section 45Code of Civil Procedure to apply
2. Section 46Forms of petitions and statements
3. Section 47Stamp on petition Petition to state absence of collusion
4. Section 48Suits on behalf of lunatics
5. Section 49Suits by minors
6. Section 50Service of petition
7. Section 51Mode of taking evidence
8. Section 52Competence of husband and wife to give evidence as to cruelty or desertion
9. Section 53Power to close doors
10. Section 54Power to adjourn
11. Section 55Enforcement of and appeals from orders and decrees No appeal as to costs
12. Section 56Appeal to Appellate Division of the Supreme Court

Chapter XIII RE-MARRIAGE

1. Section 57Liberty to parties to marry again
2. Section 58English clergyman not compelled to solemnize marriages of persons divorced for adultery
3. Section 59English minister refusing to perform ceremony to permit use of his church

Chapter XIV MISCELLANEOUS

1. Section 60Decree for separation or protection-order valid as to persons dealing with wife before reversal
2. Section 61Bar of suit for criminal conversation
3. Section 62Power to make rules

Schedules

1. ScheduleSCHEDULE OF FORMS43 entries