Hallblack Law Firm

Section 30 of the Matrimonial Causes Act provides as a general rule that proceedings for a decree of dissolution of marriage shall not be instituted within two years after the date of the marriage except by leave of the court.

In an application for leave under this section, the applicant must show the court that

(a) To refuse to grant leave would impose exceptional hardship on the applicant.
(b) The case is one involving exceptional depravity on the part of the other party to the marriage.
The court in considering the application will have regard to the interest of any children of the marriage and to the question whether there is any reasonable probability of reconciliation between the parties before the expiration of the period of two years after the date of the marriage.

However, a petitioner can still bring a proceeding for a degree of dissolution of marriage in less than two years of marriages without leave of court under some circumstances.
Section 30(2) of the Matrimonial Causes Act provides that nothing in this section shall apply to the institution of proceedings based on any of the matters specified in section 15(2)(a) or (b) or 16(1)(a) of the act.

This section provides for the exception to the general rule that Matrimonial Causes cannot be brought within two years of marriage .So when the grounds for dissolution borders on the fact below ,a petitioner will not be required to seek leave of court .

  1. When the respondent has wilfully and persistently refused to consummate the Marriage.
  2. That since the marriage, the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent.
  3. Since the marriage, the respondent has committed rape, sodomy or bestiality.
  4. When the institution of the proceedings for a decree of dissolution of marriage is by way of a cross Petition.
    With the information above, we are reminded that it is not all the time a client tells us that his/her marriage is less than two years that we apply for leave of court. Anthony Atata

13 thoughts on “FAMILY LAW: The Two year rule in Matrimonial Proceedings : Refreshing your memory on the exceptions-ANTHONY ATATA

  1. I wish to show thanks to this writer just for bailing me out of this type of challenge. Right after researching throughout the world wide web and obtaining methods which were not beneficial, I was thinking my life was done. Existing minus the strategies to the difficulties you have fixed through the short post is a serious case, as well as the kind which may have negatively damaged my career if I hadn’t discovered your web site. That know-how and kindness in taking care of everything was vital. I don’t know what I would have done if I hadn’t come across such a point like this. It’s possible to at this time relish my future. Thanks very much for the expert and result oriented help. I won’t think twice to propose your web blog to anybody who needs guidelines on this issue.

  2. Greetings, I think your web site may be having browser compatibility issues. Whenever I take a look at your website in Safari, it looks fine however, if opening in I.E., it’s got some overlapping is아바타바카라
    sues. I just wanted to give you a quick heads up! Besides that, excellent blog!

  3. A motivating discussion is definitely worth comment.
    I believe that you ought to write more about this issue, it might not be
    a taboo subject but generally people do not discuss these topics.
    To the next! Best wishes!!

  4. Attractive section of content. I just stumbled upon your blog and in accession capital to assert that I acquire actually enjoyed account your blog posts.

    Anyway I will be subscribing to your augment and even I achievement
    you access consistently rapidly.

    Here is my webpage … delta 8 vapes

  5. What i do not understood is if truth be told how you are now not
    actually much more neatly-liked than you may be now.
    You’re so intelligent. You know thus considerably in the case
    of this topic, made me in my view believe it from numerous numerous angles.
    Its like men and women are not involved until it is something to do with Woman gaga!

    Your own stuffs outstanding. Always take care of it up!

  6. Do you mind if I quote a couple of your posts as long as I provide credit and sources
    back to your site? My blog site is in the very same niche as yours and my visitors would definitely benefit from some of the information you present here.
    Please let me know if this okay with you. Thanks!

Leave a Reply

Your email address will not be published. Required fields are marked *

Please reload

Please Wait