Part II of the Matrimonial Causes Act (Chapter 282) establishes a framework for marriage guidance, before the Act turns to ending marriages.
Section 5 — approval
(1) A voluntary organization may apply to the Minister for approval as a marriage guidance organization.
(2) Where the Minister is satisfied —
(a) that the organization is willing and able to engage in marriage guidance; and
(b) that marriage guidance constitutes or will constitute the whole or the major part of its activities,
he may approve it as a marriage guidance organization.
The body must be voluntary, and marriage guidance must be its whole or major activity. A church or welfare body with many functions does not qualify unless the guidance work predominates.
Section 9 softens that: a reference to a voluntary organization includes a branch or section of one, identified by a distinct name and in respect of which separate financial accounts are maintained.
So a church with a dedicated, separately accounted marriage guidance arm can obtain approval for that arm.
(3) Approval may be given subject to conditions.
(4) The Minister may revoke or vary conditions, or add further ones.
(5) The Minister may revoke the approval if the organization — (a) has not complied with a condition; (b) has not furnished a statement or report required by section 7; or (c) the Minister is satisfied it is not adequately carrying out marriage guidance.
(6) Notice of approval, and of revocation, shall be published in the National Gazette.
Sections 6 and 7 — grants and reporting
The Minister may, out of moneys appropriated by the Parliament, grant to an approved organization, on such conditions as he thinks fit, such sums by way of financial assistance as he determines.
As soon as practicable after 30 June each year, an approved organization shall supply to the Minister —
(a) an audited financial statement of receipts and expenditure, in which marriage guidance receipts and expenditure are shown separately from other receipts and expenditure; and
(b) a report on its marriage guidance activities, including the number of cases dealt with during the year.
Where the Minister is satisfied that compliance would be impracticable or unduly onerous, he may, by writing under his hand, exempt the organization wholly or in part.
That is a sensible accommodation for small volunteer bodies, for whom an audited financial statement would be a significant burden.
The separate accounting requirement in section 7(1)(a) exists because public money may be granted under section 6, and because approval depends on marriage guidance being the major activity.
Section 8 — the counsellor’s oath and privilege
(1) Before entering on his functions, a marriage guidance counsellor shall make and subscribe, before a person authorized to take affidavits, an oath or affirmation of secrecy in the form in Schedule 1.
(2) A marriage guidance counsellor is not competent or compellable, in any proceedings before a court or before a person authorized by a law or by consent of parties to hear, receive and examine evidence, to disclose an admission or communication made to him in his capacity as a marriage guidance counsellor.
Not compellable means the counsellor cannot be required to disclose. Not competent means they cannot disclose even if willing — and neither party can waive it.
The protection extends beyond courts to any person authorized by a law or by consent of parties to hear, receive and examine evidence — so it covers tribunals and arbitrations too.
Without it, marriage guidance would be unusable: anything said in an attempt to save a marriage could be produced in the divorce that followed.
Section 1(1) defines a “marriage guidance counsellor” as a person authorized by an approved marriage guidance organization to offer marriage guidance on its behalf — so the privilege attaches to authorised counsellors of approved bodies.
A “marriage conciliator” is different: a person authorized by an approved organization to endeavour to effect marital reconciliations, or a person nominated by a Judge under section 10. Conciliators are covered by section 12 (evidence of statements at reconciliation attempts) and section 13 (oath of secrecy).
So the Act protects both roles, by parallel provisions.
Their role in a matrimonial cause
Section 10 requires the Court to consider the possibility of reconciliation, and allows a Judge to nominate a marriage conciliator — who may be a person authorised by an approved marriage guidance organization.
So Part II is not merely administrative. It creates the pool of qualified people to whom a Judge may refer a couple, and gives their work the confidentiality it needs to be effective. Where reconciliation fails, section 11 governs the hearing that follows.
Note that section 4 excludes customary marriages from the Act, so section 10 does not apply to them — though nothing prevents a couple in a customary marriage from seeking guidance from an approved organisation.
Sources
- Matrimonial Causes Act (Chapter 282) — ss 1, 4–13, Schedule 1
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.