Law Reform (Marriage and Divorce) Act 1976 · Updated to 15 Dec 2018 · Part VI · Divorce
71. Bars to relief where marriage is voidable
Feedback & supportThe court shall not grant a decree of nullity on any of the grounds mentioned in section 70 if the respondent satisfied the court—
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;
that the petitioner, with knowledge that it was open to him to have the marriage avoided, so conducted himself in relation to the respondent as to lead the respondent reasonably to believe that he would not seek to do so; and
that it would be unjust to the respondent to grant the decree.
Without prejudice to subsection (1), the court shall not grant a decree of nullity on the grounds mentioned in paragraph 70(e) or (f)
unless it is satisfied that the petitioner was at the time of the marriage ignorant of the facts alleged.
Subsection (1) replaces, in relation to the grounds mentioned in section 70, any rule of law whereby a decree may be refused by reason of approbation, ratification or lack of sincerity on the part of the petitioner or on similar grounds.