Law Reform (Marriage and Divorce) Act 1976 · Updated to 15 Dec 2018 · Part VI · Divorce
59. Powers of court on claim to damages for adultery
Feedback & supportThe court may award damages against a co-respondent notwithstanding that the petition against the respondent is dismissed or adjourned.
court
“court” means the High Court or a Judge thereof or, where a Sessions Court Judge has jurisdiction by virtue of subsection (2), the Sessions Court or a Sessions Court Judge of that Court;
The court shall have power, when awarding damages, to direct that such damages or any part thereof, be vested in trustees upon trust to pay the income or capital thereof for the benefit of the minor
minor
“minor” means a person who is under the age of twenty-one years and who is not a widow or widower;
Law Reform (Marriage and Divorce)
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children, if any, of the marriage or, where the petitioner is required to pay maintenance to the respondent, in or towards the payment of such maintenance, and subject thereto in trust for the petitioner.
Whenever in any petition presented by a husband the alleged adultery has been established against the co-respondent, the court may order the co-respondent to pay the whole or any part of the costs of the proceedings; provided that no such order for costs shall be made if the respondent was at the time of the adultery living apart from the husband and living the life of a prostitute or if the co-respondent had not at the time of the adultery reason to believe the respondent to be a married woman.