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In forceAmended2020 Revised Edition
Contents

Part 10

100. Proceedings for interim judgment of presumption of death and divorce

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Amended

Last amended by an amending law of 2023.

(1)

Any married person who alleges that reasonable grounds exist for supposing that the other party to the marriage is dead may file an originating application to have it presumed that the other party is dead and to have the marriage dissolved, and the court, if satisfied that such reasonable grounds exist, may make an interim judgment of presumption of death and of divorce.

(2)

In any such proceedings, the fact that for a period of 7 years or more the other party to the marriage has been continually absent from the applicant, and the applicant has no reason to believe that the other party has been living within that time, is evidence that the other party is dead until the contrary is proved.

(3)

Section 99 applies to an originating application and a judgment under this section as it applies to an originating application for divorce and a judgment of divorce, respectively.

Report

Part 10A

Amicable Settlement of Disputes

Part 10B

Court’S Power to Set Aside and Prevent Dispositions Intended to Defeat Maintenance Claims or Other Orders in Matrimonial Proceedings

Part 10C

Replacement Because of Death

Part 11

Offences Against Women and Girls

Part 12

Miscellaneous

Schedules