The Matrimonial Causes Act (Chapter 282) governs the ending of a statutory marriage in Papua New Guinea.
Section 1(1) — “matrimonial cause”
(i) dissolution of marriage; or
(ii) nullity of marriage; or
(iii) judicial separation; and the further categories in the paragraphs that follow, including restitution of conjugal rights and jactitation of marriage, together with proceedings for maintenance, custody, settlement of property and the enforcement of decrees.
| Decree | Effect | Provisions |
|---|---|---|
| Dissolution | Ends a valid marriage | Part V Division 1, ss 17–34 |
| Nullity | Declares a marriage void, or sets aside a voidable one | Division 2, ss 35–39 |
| Judicial separation | Relieves the parties of the duty to cohabit — the marriage continues | Division 3, ss 40–47 |
| Restitution of conjugal rights | Orders a spouse to resume cohabitation | Division 4, ss 48–52 |
| Jactitation of marriage | Restrains a person from falsely asserting a marriage | Division 5, ss 53–54 |
“The Court” means the National Court
“The Court” means the National Court.
“Decree” means a decree, judgement or order, and includes a decree nisi and an order dismissing a petition or application or refusing to make a decree or order.
“The commencement date” means 8 July 1965 — the commencement of the pre-Independence Matrimonial Causes Act 1963.
See which court hears a divorce for the jurisdictional requirements in sections 14 to 16.
Section 4 — customary marriages excluded
This Act does not apply to or in relation to a customary marriage.
Section 1(1) defines “customary marriage” as a marriage of a kind referred to in Part II of the Marriage Act.
So for a customary marriage there is no petition for dissolution, no decree of nullity, and no access to the Part VII powers over maintenance, custody and property. Dissolution is in accordance with custom, or by annulment under section 5(3) of the Marriage Act.
Given that most marriages in Papua New Guinea are customary, section 4 makes this Act applicable to a minority of marriages. Parties to a customary marriage who want its protections can obtain them by going through a Part V ceremony under section 71(8) of the Marriage Act while the marriage subsists.
Section 2 — children of the marriage
(a) a child adopted since the marriage by the husband and wife, or by either with the consent of the other;
(b) a child of the husband and wife born before the marriage, whether legitimated by it or not;
(c) a child of either the husband or wife — including an illegitimate child of either and a child adopted by either — if, at the relevant time, the child was ordinarily a member of the household of the husband and wife.
And a child of the husband and wife who has been adopted by another person is deemed not to be a child of the marriage.
The relevant time is immediately before the parties ceased to live together (or last ceased to do so before the proceedings), or, if they were living together when the proceedings were instituted, immediately before the institution of the proceedings.
Section 2(3) applies these provisions to a purported marriage that is void as if it were a marriage — so children are protected even where the marriage is a nullity. See children of a void marriage.
Paragraph (c) is the important one in practice: a step-child who was ordinarily a member of the household is a child of the marriage for the purposes of custody and maintenance, and for the protection in section 59.
Section 3 — the jurisdiction of other courts
Section 3(1). Where a matrimonial cause has been instituted, proceedings for relief of a kind that could be sought under this Act shall not be instituted except under this Act.
Section 3(2). But the jurisdiction of a court of summary jurisdiction to make orders about maintenance of wives or children, custody or access, or separation orders, is not affected, and such proceedings may be continued or instituted as if this Act had not been passed.
Section 3(3). Once a marriage is dissolved or annulled under this Act, that summary jurisdiction ceases in relation to those parties and children, and existing orders cease to have effect.
Section 3(4). The National Court may at any time order that such an order cease to have effect.
Section 3(5). Arrears under a maintenance order that has ceased to have effect remain enforceable for the period before it ceased.
Section 3(2) is what preserves the everyday District Court maintenance and custody jurisdiction for the great majority of families, including those in customary marriages to whom this Act does not apply at all.
Sources
- Matrimonial Causes Act (Chapter 282) — ss 1–4, 14–17, 35, 40, 48, 53, 72–79, 86–91
- Marriage Act (Chapter 280) — ss 3, 5, 71
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.