LAW REFORM (MARRIAGE AND DIVORCE) ACT 1976
3 cases · June 2026 to July 2026
Key Issues & Sub-Topics
Divorce — Leave to present petition before expiration of two years from date of marriage — Application under s 50(2) — Meaning and construction of phrase “exceptional circumstances or hardship suffered by the petitioner” — Whether adjective “exceptional” qualifies both “circumstances” and “hardship” — Whether hardship must itself be exceptional — Statutory interpretation — Purposive approach — Whether consensual breakdown of marriage, separation, agreement in principle to divorce and ancillary relief, and delay in execution of joint petition constituted exceptional circumstances or exceptional hardship — Whether uncertainty pending execution of joint petition amounted to hardship — Whether desire for expedited dissolution of marriage sufficient to invoke statutory exception — Exercise of judicial discretion — Mandatory considerations under s 50(2) — Interests of child of marriage — Probability of reconciliation — Whether mandatory considerations constituted independent grounds for granting leave — Effect of imminent expiry of statutory two-year period — Relationship between ss 50 and 52 — Whether leave under s 50(2) could be used to circumvent statutory waiting period for joint petition. 1 Section 76 — Division of matrimonial assets — Post-2017 amendments — Assets acquired during marriage — Statutory inclination towards equality. 1 Section 76(2) — Financial contribution — Non-financial contribution — Homemaker contribution — Long marriage — Equality of division. 1 Section 76 — Matrimonial assets — Sole ownership by one spouse — Whether assets acquired by sole effort remain divisible after 2017 amendments. 1 Section 76 — Repeal of former subsections (3) and (4) — Whether distinction between joint-effort and sole-effort assets survives. 1 Section 76(2)(b) — Debts contracted for joint benefit — Judgment debts between spouses — Industrial Court award — Labour Court judgment — Adultery compensation — Whether deductible from matrimonial pool. 1 Section 51 — Divorce following conversion to Islam — Civil marriage — Petition by non-converting spouse — Whether conversion itself sufficient ground for divorce. Law Reform (Marriage and Divorce) Act 1976 — Section 3(3) — Exclusive jurisdiction of civil court — Civil marriage — Conversion of one spouse to Islam — Whether civil court retains jurisdiction over dissolution and ancillary relief. Law Reform (Marriage and Divorce) Act 1976 — Section 48 — Jurisdiction — Domicile — Registered civil marriage — Conditions precedent to decree of divorce. Law Reform (Marriage and Divorce) Act 1976 — Section 51 — Effect of 2017 amendments (Act A1546) — Removal of three-month waiting period — Standing of either spouse to petition — Conciliatory body — Whether exemption required. Law Reform (Marriage and Divorce) Act 1976 — Sections 88, 92, 93 and 95 — Custody — Welfare principle — Access — Maintenance of children — Duration of maintenance beyond age of majority where child pursues higher education. Law Reform (Marriage and Divorce) Act 1976 — Section 61 — Decree nisi — Whether applicable to petition under section 51. Custody of Children — Welfare of child paramount — Wishes of child — Reasonable access — Whether court may delegate access decision to children — Liberty to apply. Maintenance — Children — Statutory duty of parent — Effect of conversion to Islam — No maintenance order sought — Whether underlying statutory obligation preserved. Civil Procedure — Undefended divorce petition — Standard of proof — Court’s duty to satisfy itself notwithstanding absence of defence. Conversion to Islam — Effect on civil marriage — No automatic dissolution — Jurisdiction of civil courts — Ancillary relief. Marriage and Divorce — Civil marriage — Dissolution — Ancillary relief — Custody — Access — Maintenance — Matrimonial property — Spousal maintenance. Statutory Interpretation — Law Reform (Marriage and Divorce) (Amendment) Act 2017 (Act A1546) — Construction of amended sections 3(3), 51 and 95. 1