Marriage, Divorce and Family Relations Act 2015: Divorce, nullity, and dissolution of marriage

Under Section 48, married women can keep their maiden names, use their husband’s surnames, or both, including after the dissolution of the marriage. To qualify for divorce under Section 61, the court must find the marriage can no longer function, and has “irretrievably broken down.” The court can consider factors under Section 64, such as a rape conviction, homosexual acts or other “unnatural” offenses, or cruelty. Under Section 61, no rights to consummation continue after the termination of the marriage. Under Section 77, a decree of nullity may be made if, including but not limited to: (i) the respondent was, at the time of the marriage, (a) pregnant with someone else’s child or (b) responsible for another person’s pregnancy ; (ii) consent to the marriage was obtained by force, duress, deceit, or fraud; or (iii) the respondent had a sexually transmitted infection at the time of the marriage. Under Section 48, maintenance of any child is a requirement during the course of a marriage. Under Section 91, maintenance orders may apply while a suit for divorce is pending. Under Section 92, maintenance orders often continue following a divorce or a judicial separation. Under Section 96, fathers are responsible for maintenance of the pregnant woman, even if they are not married or in a relationship to the woman.

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  • 2015

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