Bill No. 19
Marriage And Divorce Bill
2009
(2) A court may vary the terms of the decree of separation on the
application of both spouses or either spouse where there has been any
material change in the circumstances of either or both the spouses.
(3) A court may rescind a decree of separation on the application
of either spouse where the court is satisfied that the decree was
obtained as a result of misrepresentation or mistake of fact.
140. No petition for divorce during first two years of marriage
(1) Subject to subsection (2), a spouse shall not petition for
divorce before the expiry of two years from the date of the marriage.
(2) A spouse may apply to the relevant court for leave to bring a
petition for divorce before the expiration of the two years specified in
subsection (1) where the spouse can prove that he or she is suffering
exceptional hardship in the marriage.
141. No division of matrimonial property on separation
(1) Upon separation of the spouses, matrimonial property shall not
be divided between the parties but a court may order that the spouses
share any income that may accrue from the matrimonial property.
(2) Any property that may individually be acquired by either
spouse during the period of separation shall remain the property of
the spouse who acquired it.
142. Petition to reverse decree of judicial separation
(1) A husband or wife upon the application of whose wife or
husband a decree of judicial separation has been pronounced, may at
any time present a petition praying for the reversal of the decree on
the ground that it was obtained in his or her absence and that where
desertion was the ground of the decree there was reasonable excuse
for the desertion alleged.
(2) The court may, on being satisfied of the truth of the
allegations of the petition, reverse the decree accordingly.
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