A hearing under the Matrimonial Causes Act (Chapter 282) follows a fixed sequence, whether the suit is defended or not.
Step one — reconciliation
Section 10 requires the Court to consider, from time to time, the possibility of a reconciliation, and to take such steps as it thinks proper to effect one — including adjourning the proceedings and nominating a marriage guidance organisation or other suitable person.
Section 12 makes evidence of anything said or done in the course of a reconciliation attempt inadmissible, and section 8(2) makes a marriage guidance counsellor neither competent nor compellable to disclose what was said.
So a party may speak freely in reconciliation without arming the other side. If reconciliation succeeds after a decree nisi, section 62 allows the decree to be rescinded — but only on application, and only before it becomes absolute.
Step two — proving the case
1. Jurisdiction — domicile under section 14, or the section 15 deeming rules.
2. The marriage — proved by certificate under section 84.
3. The ground — one of the section 17 grounds, established to the Court’s reasonable satisfaction under section 80.
4. Absence of absolute bars — condonation, connivance and collusion under sections 27 and 28.
5. Discretion on the discretionary bars — where section 29 applies, the Court must be persuaded to exercise its discretion; the petitioner’s own adultery is disclosed in the sealed discretion statement.
6. Arrangements for the children — the material for the section 59 declaration.
Spouses are competent and compellable (s 81(1)), but marital communications are protected unless both are parties (s 81(2) and (3)).
Non-access may be proved by either party, but neither can be compelled to give evidence that would bastardise a child born during the marriage (s 82).
Questions about adultery must be answered by a witness who gives evidence voluntarily or is called by a party, where the adultery is material (s 83).
Convictions for rape, sodomy or bestiality are evidence of the conduct itself (s 85).
An undefended suit is still proved
Where no answer is filed, the suit is set down as an undefended suit. That shortens the hearing; it does not remove the burden.
Section 57 requires the Court to make the decree on being satisfied of the existence of a ground. Section 80 sets the standard as reasonable satisfaction. Neither is displaced by the respondent’s silence.
In practice an undefended petition is proved on the petitioner’s affidavit and short oral evidence, with the marriage certificate and proof of service.
Step three — the decree
Except as provided by this Act, the Court shall, on being satisfied of the existence of a ground in respect of which relief is sought, make the appropriate decree.
| Stage | Provision |
|---|---|
| Decree of dissolution, nisi in the first instance | s 58 |
| Declaration about children under 16 | s 59(2) |
| Becomes absolute — three months, or 28 days after the s 59 order, whichever later | s 60 |
| Registrar files a memorandum; certificate available to any person | s 61 |
| Either party may remarry | s 34 |
Section 57 removes any residual discretion to refuse a decree where a ground is proved. The words “except as provided by this Act” preserve the bars — sections 27, 28 and 29 — and the section 59 requirement about children.
The Court also makes its Part VII orders at this point. Section 76(1)(m) allows an order under that Part to be included in a decree under another Part, and section 56(4) requires all proceedings instituted by the one petition to be heard together as far as practicable.
In open court, but restricted reporting
The hearing is in open court unless the Rules provide for chambers, or the Court excludes non-parties for special circumstances (s 92).
But section 95 makes it an offence to publish the evidence. Only names and occupations, a concise statement of the nature and grounds, submissions on law and the judgment may be published.
After the decree nisi, the case is not necessarily over. A Part VI intervention may still be made at any time before the decree becomes absolute, and sections 62, 63 and 69 allow rescission on reconciliation, on miscarriage of justice, or on intervention. Once the decree is absolute, section 64 provides that no appeal lies.
Sources
- Matrimonial Causes Act (Chapter 282) — ss 8–12, 14, 15, 17, 27–29, 34, 56–64, 65–71, 76, 80–85, 92, 95
- Matrimonial Causes Rules 2022 (National Court) — obtain from the registry
Before relying on anything here, read the current text of the Marriage Act (Chapter 280) and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.