1Marriage Act 1958

Version No. 056 **Marriage Act 1958** **No. 6306 of 1958** Version incorporating amendments as at 1 November 2017 **table of provisions** *Section Page* 1 Short title and commencement 1 2 Repeal 1 3 Definitions 2 Part VII—Guardianship and custody of minors 4 132 Definitions 4 133 Principle on which questions relating to minors are to be decided 4 134 Equal right of mother to apply to court 5 135 Rights of surviving parent as to guardianship 5 138 Power to Court to remove guardian 6 139 Saving 6 148 Earnings of child 8 153 Saving 8 155 Rules 9 Part VIII—Provisions relating to property of married women &c. 10 156 Capacity of married women 10 157 "Separate property" and "restraint on anticipation" abolished 11 158 Execution of general power 11 159 Abolition of husband's liability for wife's torts and ante-nuptial contracts debts and obligations 11 160 Husband or wife may sue each other for tort 13 161 Questions between husband and wife as to property 14 Schedules 18 First Schedule 18 Endnotes 20 1 General information 20 2 Table of Amendments 22 3 Amendments Not in Operation 25 4 Explanatory details 26 **Version No.** **056** **Marriage Act 1958** **No. 6306 of 1958** Version incorporating amendments as at 1 November 2017 Long Title amended by No. 9549 s. 2(1)(Sch. item 11). An Act to consolidate the Law relating to Marriage and to Divorce and Matrimonial Causes and to Guardianship and Custody of Minors. **BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):** S. 1 amended by Nos 8181 s. 2(1)(Sch. item 136), 9549 s. 2(1)(Sch. item 112), 57/1989 s. 3(Sch. item 130.1). 1 Short title and commencement This Act may be cited as the **Marriage Act 1958**, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette. 2 Repeal (1) The Acts mentioned in the First Schedule to the extent thereby expressed to be repealed are hereby repealed accordingly. (2) Except as in this Act expressly or by necessary implication provided— (a) all persons things and circumstances appointed or created by or under the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed; (b) in particular and without affecting the generality of the foregoing paragraph such repeal shall not disturb the continuity of status operation or effect of any regulation rule appointment application order decree authority direction declaration marriage registration certificate validation intervention security petition action judgment settlement appeal service agreement consent fee affidavit affirmation summons warrant notice notification liability or right made effected issued granted given presented passed fixed accrued incurred or acquired or existing or continuing by or under any of such Acts before the commencement of this Act; nor shall such repeal affect the operation of subsection (4) of section eight of the **Marriage (Property) Act 1956**. No. 3726 s. 3. 3 Definitions S. 3(1) substituted by No. 110/1986 s. 140(2) (Sch.). (1) In this Act— ***the Court*** means the Supreme Court. (2) In any Act and any entry register certificate or other document unless the contrary intention appears— the expression ***registrar of marriages*** means any officer heretofore or hereafter appointed by the Governor in Council for the purpose of celebrating marriages; and the expression ***guardian of minors*** means— S. 3(2)(a) amended by No. 16/1986 s. 30(Sch.). (a) any magistrate; or S. 3(2)(b) repealed by No. 57/1989 s. 3(Sch. item 130.2). * * * * * Pts 1–6 (Headings and ss 4–131) repealed by No. 6959 s. 13.[[1]](#endnote-2) * * * * * Pt 7 (Heading) amended by No. 9549 s. 2(1)(Sch. item 113). Part VII—Guardianship and custody of minors No. 3726 s. 135. 132 Definitions S. 132(1) amended by No. 110/1986 s. 140(2) (Sch.), repealed by No. 59/1997 s. 8(a). * * * * * S. 132(2) amended by Nos 9059 s. 2(1)(Sch. item 25), 9075 s. 5(1), 9427 s. 5(Sch. 4 item 8), 9549 s. 2(1)(Sch. item 114), 16/1987 s. 4(3)(Sch. 1 item 15), 59/1997 s. 8(b), 48/2006 s. 42(Sch. item 25). (2) Sections one hundred and thirty-three one hundred and thirty-four one hundred and thirty-five shall be read and construed as in aid and not in derogation of the provisions of the **Children, Youth and Families Act 2005**. No. 3726 s. 136. S. 133 amended by Nos 9075 s. 5(1), 9427 s. 5(Sch. 4 item 8), 59/1997 s. 8(c). 133 Principle on which questions relating to minors are to be decided Where in any proceeding before any Court (whether or not a Court within the meaning of this Part) the administration of any property belonging to or held on trust for a minor, or the application of the income thereof is in question, the Court in deciding that question shall regard the welfare of the minor as the first and paramount consideration, and shall not take into consideration whether from any other point of view the claim of the father or any right at common law possessed by the father in respect of such administration or application is superior to that of the mother, or the claim of the mother is superior to that of the father. No. 3726 s. 137. S. 134 amended by Nos 9075 s. 5(1), 9427 s. 5(Sch. 4 item 8). 134 Equal right of mother to apply to court The mother of a minor shall have the like powers to apply to the Court in respect of any matter affecting the minor as are possessed by the father. No. 3726 s. 138. S. 135 amended by Nos 9075 s. 5(1), 9427 s. 5(Sch. 4 item 8). 135 Rights of surviving parent as to guardianship S. 135(1) amended by No. 59/1997 s. 8(d)(i). (1) On the death of the father of a minor the mother, if surviving, shall, subject to the provisions of this Part, be guardian of the minor, either alone or jointly with any guardian appointed by the father. S. 135(2) amended by No. 59/1997 s. 8(d)(ii). (2) On the death of the mother of a minor the father, if surviving, shall, subject to the provisions of this Part, be guardian of the minor, either alone or jointly with any guardian appointed by the mother. (3) The father of a minor may by deed or will appoint any person to be guardian of the minor after his death. (4) The mother of a minor may by deed or will appoint any person to be guardian of the minor after her death. (5) Any guardian so appointed by the father or the mother shall act jointly with the mother or father, as the case may be, of the minor so long as the mother or father remains alive unless the mother or father objects to his so acting. S. 135(6) repealed by No. 59/1997 s. 8(d)(iii). * * * * * (7) Where guardians are appointed by both parents, the guardians so appointed shall after the death of the surviving parent act jointly. S. 135(8)(9) repealed by No. 59/1997 s. 8(d)(iii). * * * * * S. 136 repealed by No. 8602 s. 12. * * * * * S. 137 repealed by No. 9407 s. 5(a). * * * * * No. 3726 s 141. S. 138 amended by Nos 9075 s. 5(1), 59/1997 s. 8(e). 138 Power to Court to remove guardian The Court in its discretion shall, on being satisfied that it is for the welfare of the minor, remove from his office any testamentary guardian, and may also if it deems it to be for the welfare of the minor appoint another guardian in place of the guardian so removed. No. 3726 s. 142. S. 139 substituted by No. 9407 s. 5(b). 139 Saving (1) Subject to subsection (3), a guardian under this Part besides being guardian of the person of the minor, shall have all the rights powers and duties of a guardian of the minor's estate including in particular the right to receive and recover in his own name for the benefit of the minor property of whatever description and wherever situated which the minor is entitled to receive or recover. (2) Nothing in subsection (1) shall restrict or affect the power of the Court to appoint a person to be or to act as the guardian of a minor's estate either generally or for a particular purpose or to vary or revoke any such appointment. (3) Subsection (1) shall not apply to a guardian under this Part so long as there is a guardian of the minor's estate alone. S. 140 amended by No. 9075 s. 5(1), repealed by No. 59/1997 s. 8(f). * * * * * S. 141 amended by Nos 9075 s. 5(1), 9427 s. 5(Sch. 4 item 8), repealed by No. 59/1997 s. 8(f). * * * * * S. 142 amended by No. 9075 s. 5(1), repealed by No. 59/1997 s. 8(f). * * * * * S. 143 amended by Nos 8602 s. 12, 9075 s. 5(1), 9427 s. 5(Sch. 4 item 8), repealed by No. 59/1997 s. 8(f). * * * * * S. 144 amended by No. 9554 s. 2(2) (Sch. 2 item 211), repealed by No. 59/1997 s. 8(f). * * * * * S. 145 repealed by No. 59/1997 s. 8(f). * * * * * S. 146 amended by Nos 9075 s. 5(1), 9427 s. 5(Sch. 4 item 8), repealed by No. 59/1997 s. 8(f). * * * * * S. 147 amended by Nos 8602 s. 12, 9075 s. 5(1), 9427 s. 5(Sch. 4 item 8), repealed by No. 59/1997 s. 8(f). * * * * * No. 3726 s. 151. S. 148 amended by No. 9075 s. 5(1). 148 Earnings of child No father shall have any right to the wages or earnings of any minor child while such child is in the control and custody of the mother thereof. Ss 149–152 repealed by No. 59/1997 s. 8(f). * * * * * No. 3726 s. 156. 153 Saving Nothing in this Part contained shall interfere with or affect the power of the Court to consult the wishes of the child in considering what order ought to be made, or diminish the right which any child now possesses to the exercise of its own free choice. S. 154 repealed by No. 110/1986 s. 140(2) (Sch.). * * * * * No. 3726 s. 158. 155 Rules S. 155(1) repealed by No. 110/1986 s. 140(2) (Sch.). * * * * * S. 155(2) amended by Nos 9059 s. 2(1)(Sch. item 26), 59/1997 s. 8(g). (2) The Rules of law and practice of the Court relating to proceedings in forma pauperis shall with the necessary modifications apply to proceedings in the Court relating to any matter or thing authorized or permitted under this Part. Part VIII—Provisions relating to property of married women &c. No. 6050 s. 2. 156 Capacity of married women (1) Subject to this Part a married woman shall— (a) be capable of acquiring holding and disposing of any property whatsoever; (b) be capable of rendering herself and being rendered liable in respect of any tort contract debt or obligation whether committed entered into or contracted before or after marriage; (c) be capable of suing and being sued in respect of any such tort contract debt or obligation or otherwise; (d) be subject to the enforcement of judgments and orders; S. 156(1)(e) amended by Nos 9075 s. 5(1), 9427 s. 5(Sch. 4 item 8). (e) be capable of being appointed and acting as trustee, executrix, administratrix, next friend, guardian or guardian ad litem of a minor or in any other representative or fiduciary capacity whatsoever and of doing any act in the law either in such a capacity or in her personal capacity— in all respects as if she were a feme sole and whether separately or jointly or in common with any other person including her husband. S. 156(2) repealed by No. 9075 s. 5(2). * * * * * No. 6050 s. 3. 157 "Separate property" and "restraint on anticipation" abolished (1) Subject to this Part all property whatsoever which— (a) immediately before the commencement of the **Marriage (Property) Act 1956** was the separate property of a married woman or held for her separate use in equity; or (b) belongs at the time of her marriage to a woman married after the commencement of the **Marriage (Property) Act 1956**; or (c) after the commencement of the **Marriage (Property) Act 1956** is acquired by or devolves upon a married woman— shall belong to her in all respects as if she were a feme sole and may be disposed of accordingly. (2) Any instrument executed on or after the commencement of the **Marriage (Property) Act 1956** shall be void in so far as it purports to attach to the enjoyment of any property by a woman any restriction upon anticipation or alienation which could not have been attached to the enjoyment of that property by a man. No. 6050 s. 4. 158 Execution of general power The execution of a general power by will by a married woman shall have the effect of making the property appointed liable for her debts and other liabilities in the same manner as her estate is liable under this Part. No. 6050 s. 5. 159 Abolition of husband's liability for wife's torts and ante-nuptial contracts debts and obligations (1) Subject to this Part the husband of a married woman shall not, by reason only of his being her husband, be liable— (a) in respect of any tort committed by her whether before or after the marriage, or in respect of any contract entered into or debt or obligation incurred by her before the marriage; or (b) to be sued or made a party to any legal proceeding brought in respect of any such tort contract debt or obligation. S. 159(2) repealed by No. 59/1997 s. 8(h). * * * * * S. 159(3) amended by No. 110/1986 s. 140(2) (Sch.). (3) In the case of a decree for judicial separation or a decree nisi for dissolution or nullity of marriage if, while the separation continues or (as the case may be) before the decree nisi is made absolute or discharged or reversed, the husband or wife dies intestate as to any property such property shall devolve as if the surviving spouse had predeceased the deceased: S. 159(3) Proviso amended by No. 41/2017 s. 26. Provided that in any such case where there is a total intestacy the Supreme Court may on the application of the surviving spouse, made within six months of the grant of letters of administration of the estate or such further time as the court allows, at its discretion order that the surviving spouse shall be entitled to and shall have a charge upon the residuary estate (within the meaning of section 3(1) of the **Administration and Probate Act 1958**) of the deceased spouse for such sum as the court determines but not exceeding the amount or value which the court considers the surviving spouse would have been entitled to if there had been no such decree; in which case the court shall direct that a certified copy of such order be made upon the letters of administration of the estate of the deceased and for that purpose shall retain in custody such letters of administration until such copy is made: S. 159(3) Further Proviso inserted by No. 6924 s. 2. Provided further that nothing in this subsection shall deprive the surviving spouse of any rights other than rights of succession under the intestacy as widow or widower of the intestate. 160 Husband or wife may sue each other for tort S. 160(1) substituted by No. 7668 s. 2. (1) A husband or a wife may sue the other for any cause of action in tort arising after the commencement of the **Marriage (Liability in Tort) Act 1968**. (2) A husband or wife shall have against the other the same civil remedies and remedies and redress by way of criminal proceedings for the protection and security of his or her property as if they were both unmarried. (3) In any proceeding under this section— (a) it shall be sufficient to allege that the property is the property of the husband or wife (as the case may be); (b) the husband or wife shall be competent to give evidence against the other notwithstanding any statute or rule of law to the contrary. (4) No criminal proceeding shall be taken by any husband or wife against the other by virtue of this Part while they are living together as to or concerning any property claimed by him or her, nor while they are living apart as to or concerning any act done while they were living together concerning property claimed by him or her, unless such property has been wrongfully taken by the husband or wife when leaving or deserting or about to leave or desert the other. No. 6050 s. 7. S. 161 substituted by No. 6924 s. 3, amended by No. 110/1986 s. 140(2) (Sch.). 161 Questions between husband and wife as to property (1) In any question between husband and wife as to the title to or possession or disposition of property (including any question as to investment by one of moneys of the other without consent) either the husband or the wife or any person on whom conflicting claims are made by the husband and wife may apply to the Supreme Court or (at the option of the applicant irrespective of the value of the property in dispute) to the County Court. S. 161(2) amended by Nos 110/1986 s. 140(2) (Sch.), 19/1989 s. 16(Sch. item 38.1), 57/1989 s. 3(Sch. item 130.3(a)(b)).[[2]](#endnote-3) (2) In addition to and without in any way limiting the powers conferred by section 37 of the **Supreme Court Act 1986** or section fifty of the **County Court Act 1958** the Supreme Court or the county court (as the case requires) may, upon the application of any party to proceedings under this section, grant an injunction restraining any person from making any threatened or apprehended conveyance, assignment, sale, or other disposition of any property in question in the proceedings until the proceedings are heard and determined. S. 161(3) amended by Nos 110/1986 s. 140(2) (Sch. 2), 19/1989 s. 16(Sch. item 38.2 (a)(b)).[[3]](#endnote-4) (3) Subject to the next succeeding subsection but notwithstanding any other Act or law to the contrary the Court may make such order with respect to the title to or possession or disposition of the property in dispute (including any order for the sale of the property and the division of the proceeds of sale, or for the partition or division of the property) and as to the costs of and consequent on the application as it thinks fit and may direct any inquiry touching the matters in question to be made in such manner as it thinks fit. (4) Upon the hearing of any application between husband and wife under this section— S. 161(4)(a) amended by Nos 110/1986 s. 140(2) (Sch.), 19/1989 s. 16(Sch. item 38.3 (a)–(c)).[[4]](#endnote-5) (a) the Court shall not exercise the power conferred upon it by the last preceding subsection so as to defeat any common intention which it is satisfied was expressed by the husband and the wife and shall not take into account in exercising that power in relation to the property in question any conduct of the husband or of the wife which is not directly related to the acquisition of the property or to its extent or value; and S. 161(4)(b) amended by Nos 110/1986 s. 140(2) (Sch.), 19/1989 s. 16(Sch. item 38.3(a)).[[5]](#endnote-6) (b) husband and wife shall, to the exclusion of any presumption of advancement or other presumption of law or equity, be presumed, in the absence of sufficient evidence of intention to the contrary and in the absence of any special circumstances which appear to the Court to render it unjust so to do, to hold or to have held as joint tenants so much of any real property in question as consists of a dwelling and its curtilage (if any) which the Court is satisfied was acquired by them or either of them at any time during or in contemplation of the marriage wholly or principally for occupation as their matrimonial home. S. 161(5)(a), amended by Nos 110/1986 s. 140(2) (Sch.), 19/1989 s. 16(Sch. item 38.4(a)).[[6]](#endnote-7) (5) (a) For the purpose of giving effect to any order made under this section the Court may set aside any conveyance, assignment, sale or other disposition of any property in question in the proceedings if it is made to defeat an existing or anticipated order with respect to that property. S. 161(5)(b) amended by Nos 110/1986 s. 140(2) (Sch.), 19/1989 s. 16(Sch. item 38.4 (a)(b).[[7]](#endnote-8) (b) In exercising its powers under this subsection the Court shall have regard to the interests of, and shall make any order proper for the protection of, a bona fide purchaser or other person interested. S. 161(6) amended by Nos 110/1986 s. 140(2) (Sch.), 19/1989 s. 16(Sch. item 38.5 (a)(b)), repealed by No. 57/1989 s. 3(Sch. item 130.7). * * * * * S. 161(7) amended by Nos 110/1986 s. 140(2) (Sch.), 19/1989 s. 16(Sch. item 38.6).[[8]](#endnote-9) (7) The Court, if either party so requires, may hear any such application in private. (8) If any person other than the husband or wife is the applicant such person shall in the matter of any such application for the purposes of costs or otherwise be treated as a stakeholder only. S. 161(8A) inserted by No. 9002 s. 2, amended by Nos 110/1986 s. 140(2) (Sch.), 19/1989 s. 16(Sch. item 38.7(a)).[[9]](#endnote-10) (8A) The power of the Court to adjourn a hearing or stay an order extends and shall be deemed to have always extended to the granting of an adjournment or the staying of an order where— (a) the husband and wife are living separately and apart but have not lived separately and apart for a continuous period of 12 months immediately preceding the date of the order for adjournment or the order staying the order; and S. 161(8A)(b) amended by Nos 110/1986 s. 140(2) (Sch.), 19/1989 s. 16(Sch. item 38.7(b)).[[10]](#endnote-11) (b) the Court is of the opinion that— (i) the adjournment or the staying of the order would not cause undue hardship to the husband or wife; (ii) it is likely that proceedings for principal relief under the Family Law Act 1975 of the Commonwealth as amended from time to time will be instituted by the husband or wife within 12 months of the order for adjournment or the order staying the order; and (iii) the matter would be more appropriately dealt with as ancillary to such proceedings. S. 161(9) amended by No. 19/1989 s. 16(Sch. item 38.8). (9) A husband or wife, instead of applying by summons or otherwise as aforesaid, may take proceedings in the Supreme Court or (at the option of the plaintiff irrespectively of the value of the property in dispute) in the county court, and the foregoing provisions of this section shall with such adaptations as are necessary apply accordingly. S. 161(10) amended by Nos 110/1986 s. 140(2) (Sch.), 19/1989 s. 16(Sch. item 38.9).[[11]](#endnote-12) (10) Where any question which could have been raised for decision in proceedings under this section arises between husband and wife in any other proceedings the Court shall decide the question as if the question had been raised for decision in proceedings under this section. Schedules First Schedule Section 2. Sch. 1 amended by No. 6505 s. 2. | *Number of Act* | *Title of Act* | *Extent of Repeal* | | --- | --- | --- | | 3726 | **Marriage Act 1928** | So much as is not already repealed | | 4061 | **Marriage (Validating) Act 1932** | The whole | | 4157 | **Mental Hygiene Act 1933** | Clause (4) of Part C of Schedule | | 4191 | **Statute Law Revision Act 1933** | Item in Schedule referring to **Marriage Act 1928** | | 4210 | **Marriage (Divorce) Act 1933** | The whole | | 4264 | **Statute Law Revision Act 1934** | Items in Schedule referring to **Marriage Act 1928** and **Marriage (Divorce) Act 1933** | | 4314 | **Maintenance and Alimony (Imprisonment) Act 1935** | So much as is not already repealed | | 4366 | **Marriage Act 1936** | The whole | | 4561 | **Marriage (Celebration) Act 1938** | The whole | | 4566 | **Marriage Act 1938** | The whole | | 4654 | **Public Trustee Act 1939** | Clauses 8 and 15 of First Schedule | | 4839 | **Marriage Act 1941** | The whole | | 4963 | **Mental Hygiene (Mode of Citation) Act 1943** | Clause (6) of Schedule | | 5647 | **Evidence Act 1952** | Section 4 | | 5846 | **Statutes Amendment Act 1954** | Section 8 | | 6050 | **Marriage (Property) Act 1956** | So much as is not otherwise repealed | | 6186 | **Marriage (Amendment) Act 1957** | The whole | Schs 2–7 repealed by No. 6959 s. 13. * * * * * Endnotes 1 General information See [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. The **Marriage Act 1958** was assented to on 30 September 1958 and came into operation 1 April 1959: Government Gazette 18 March 1959 page 893. INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act. References to ILA s. 39B Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A). • Examples, diagrams or notes All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A). • Punctuation All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B). • Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E). 2 Table of Amendments This publication incorporates amendments made to the **Marriage Act 1958** by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– **Statute Law Revision Act 1959, No. 6505/1959** | Assent Date: | 5.5.59 | | --- | --- | | Commencement Date: | 1.4.59: s. 1(2) | | Current State: | All of Act in operation | **Marriage (Fees) Act 1959, No. 6548/1959** | Assent Date: | 20.10.59 | | --- | --- | | Commencement Date: | 20.10.59 | | Current State: | All of Act in operation | **Subordinate Legislation Act 1962, No. 6886/1962** | Assent Date: | 8.5.62 | | --- | --- | | Commencement Date: | 1.8.62: Government Gazette 4.7.62 p. 2314 | | Current State: | All of Act in operation | **Marriage (Property) Act 1962, No. 6924/1962** | Assent Date: | 20.11.62 | | --- | --- | | Commencement Date: | 20.11.62 | | Current State: | All of Act in operation | **Registration of Births Deaths and Marriages (Amendment) Act 1962, No. 6959/1962** | Assent Date: | 18.12.62 | | --- | --- | | Commencement Date: | 1.9.63: Government Gazette 21.8.63 p. 2528 | | Current State: | All of Act in operation | **Marriage (Liability in Tort) Act 1968, No. 7668/1968** | Assent Date: | 9.4.68 | | --- | --- | | Commencement Date: | 1.6.68: Government Gazette 15.5.68 p. 1806 | | Current State: | All of Act in operation | **Statute Law Revision Act 1971, No. 8181/1971** | Assent Date: | 23.11.71 | | --- | --- | | Commencement Date: | 23.11.71 | | Current State: | All of Act in operation | **Status of Children Act 1974, No. 8602/1974** | Assent Date: | 26.11.74 | | --- | --- | | Commencement Date: | 1.3.75: Government Gazette 5.2.75 p. 228 | | Current State: | All of Act in operation | **Marriage (Amendment) Act 1977, No. 9002/1977** | Assent Date: | 10.5.77 | | --- | --- | | Commencement Date: | 10.5.77: s. 1(3) | | Current State: | All of Act in operation | **Statute Law Revision Act 1977, No. 9059/1977** | Assent Date: | 29.11.77 | | --- | --- | | Commencement Date: | 29.11.77: s. 1(2) | | Current State: | This information relates only to the provision/s amending the **Marriage Act 1958** | **Age of Majority Act 1977, No. 9075/1977** | Assent Date: | 6.12.77 | | --- | --- | | Commencement Date: | 1.2.78: Government Gazette 11.1.78 p. 97 | | Current State: | All of Act in operation | **Imperial Law Re-enactment Act 1980, No. 9407/1980** | Assent Date: | 20.5.80 | | --- | --- | | Commencement Date: | 2.7.80: Government Gazette 2.7.80 p. 2257 | | Current State: | All of Act in operation | **Statute Law Revision Act 1980, No. 9427/1980** | Assent Date: | 27.5.80 | | --- | --- | | Commencement Date: | 27.5.80: s. 1(2) | | Current State: | This information relates only to the provision/s amending the **Marriage Act 1958** | **Statute Law Revision Act 1981, No. 9549/1981** | Assent Date: | 19.5.81 | | --- | --- | | Commencement Date: | 19.5.81: s. 1(2) | | Current State: | This information relates only to the provision/s amending the **Marriage Act 1958** | **Penalties and Sentences Act 1981, No. 9554/1981** | Assent Date: | 19.5.81 | | --- | --- | | Commencement Date: | S. 2(2)(Sch. 2 item 211) on 1.9.81: Government Gazette 26.8.81 p. 2799 | | Current State: | This information relates only to the provision/s amending the **Marriage Act 1958** | **Courts Amendment Act 1986, No. 16/1986** | Assent Date: | 22.4.86 | | --- | --- | | Commencement Date: | S. 30 on 1.7.86: Government Gazette 25.6.86 p. 2180 | | Current State: | This information relates only to the provision/s amending the **Marriage Act 1958** | **Supreme Court Act 1986, No. 110/1986** | Assent Date: | 16.12.86 | | --- | --- | | Commencement Date: | 1.1.87: s. 2 | | Current State: | All of Act in operation | **Community Services 1987, No. 16/1987** | Assent Date: | 12.5.87 | | --- | --- | | Commencement Date: | S. 4(3)(Sch. 1 item 15) on 22.2.89: Government Gazette 22.2.89 p. 386 | | Current State: | This information relates only to the provision/s amending the **Marriage Act 1958** | **County Court (Amendment) Act 1989, No. 19/1989** | Assent Date: | 16.5.89 | | --- | --- | | Commencement Date: | 1.8.89: Government Gazette 26.7.89 p. 1858 | | Current State: | All of Act in operation | **Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989** | Assent Date: | 14.6.89 | | --- | --- | | Commencement Date: | S. 4 (1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217 | | Current State: | All of Act in operation | **Commonwealth Powers (Family Law-Children) (Amendment) Act 1997, No. 59/1997** | Assent Date: | 5.11.97 | | --- | --- | | Commencement Date: | S. 8 on 1.11.98: s. 2(3) | | Current State: | This information relates only to the provision/s amending the **Marriage Act 1958** | **Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006** | Assent Date: | 15.8.06 | | --- | --- | | Commencement Date: | S. 42(Sch. item 25) on 23.4.07: s. 2(3) | | Current State: | This information relates only to the provision/s amending the **Marriage Act 1958** | **Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017, No. 41/2017** | Assent Date: | 19.9.17 | | --- | --- | | Commencement Date: | S. 26 on 1.11.17: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Marriage Act 1958** | ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Amendments Not in Operation There are no amendments which were Not in Operation at the date of this publication. 4 Explanatory details 1. Pts 1–6: Pts 1–6 were repealed by section 13 of the **Registration of Births Deaths and Marriages (Amendment) Act 1962**, No. 6959/1962 as a consequence of the Commonwealth Marriage Act 1961 No. 12. [↑](#endnote-ref-2) 2. S. 161(2): The amendment proposed by s. 3(Sch. item 130.3(a)–(c)) of the **Magistrates' Court (Consequential Amendments) Act 1989**, No. 57/1989 is not included in this publication as the words "any Judge of" were omitted by s. 16(Sch. item 38.1) of the **County Court (Amendment) Act 1989**, No. 19/1989. [↑](#endnote-ref-3) 3. S. 161(3): The amendments proposed by s. 3(Sch. item 130.4(a)(b)) of the **Magistrates' Court (Consequential Amendments) Act 1989**, No. 57/1989 are not included in this publication as the words "or Judge" and "or he" were omitted by s. 16(Sch. item 38.2(a)(b)) of the **County Court (Amendment) Act 1989**, No. 19/1989. [↑](#endnote-ref-4) 4. S. 161(4)(a): The amendments proposed by s. 3(Sch. item 130.5 (a)–(c)) of the **Magistrates' Court (Consequential Amendments) Act 1989**, No. 57/1989, are not included in this publication as the words "or Judge" and "or him" were omitted by s. 16(Sch. item 38.3(a)–(c)) of the **County Court (Amendment) Act 1989**, No. 19/1989. [↑](#endnote-ref-5) 5. S. 161(4)(b): See note 4. [↑](#endnote-ref-6) 6. S. 161(5)(a): The amendments proposed by s. 3(Sch. item 130.6(a)(b)) of the **Magistrates' Court (Consequential Amendments) Act 1989**, No. 57/1989 are not included in this publication as the words "or Judge", "or his" were omitted by s. 16(Sch. item 38.4(a)(b)) of the **County Court (Amendment) Act 1989**, No. 19/1989. [↑](#endnote-ref-7) 7. S. 161(5)(b): See note 6. [↑](#endnote-ref-8) 8. S.161(7): The amendment proposed by s. 3(Sch. item 130.8) of the **Magistrates' Court (Consequential Amendments) Act 1989**, No. 57/1989 is not included in this publication as the words "or Judge" were omitted by s. 16(Sch. item 38.6) of the **County Court (Amendment) Act 1989**, No. 19/1989. [↑](#endnote-ref-9) 9. S. 161(8A): The amendment proposed by s. 3(Sch. item 130.9(a)) of the **Magistrates' Court (Consequential Amendments) Act 1989**, No. 57/1989 is not included in this publication as the words "or a judge" were omitted by s. 16(Sch. item 38.7(a)) of the **County Court (Amendment) Act 1989**, No. 19/1989. [↑](#endnote-ref-10) 10. S. 161(8A)(b): The amendment proposed by s. 3(Sch. item 130.9(b)) of the **Magistrates' Court (Consequential Amendments) Act 1989**, No. 57/1989 is not included in this publication as the words "or the judge" were omitted by s. 16(Sch. item 38.7(b) of the **County Court (Amendment) Act 1989**, No. 19/1989. [↑](#endnote-ref-11) 11. S. 161(10): The amendment proposed by s. 3(Sch. item 130.10) of the **Magistrates' Court (Consequential Amendments) Act 1989** No. 57/1989 is not included in this publication as the words "or Judge" were omitted by s. 16(Sch. item 38.9) of the **County Court (Amendment) Act 1989**, No. 19/1989. [↑](#endnote-ref-12)