Domestic Actions Act 1975

1: Short Title
This Act may be cited as the Domestic Actions Act 1975.
1: Damages for adultery
2: Abolition of right to claim damages for adultery
1: Part 5 of the Matrimonial Proceedings Act 1963 is hereby repealed.
2: Nothing in this section shall affect any claim for damages made on a petition filed before the commencement of this Act. Common law actions
3: Abolition of action for enticement of a spouse
1: No person shall be liable in tort to any other person for inducing the spouse of that other person to leave or remain apart from that other person.
2: This section shall have effect in relation to events occurring before as well as after the passing of the Family Proceedings Act 1980 Section 3 replaced 21 January 1981 section 190(2) Family Proceedings Act 1980
4: Abolition of actions for enticement, seduction, and harbouring
1: No person shall be liable in tort—
a: to a parent for—
i: inducing a child of that parent to leave or remain apart from that parent; or
ii: seducing the child of that parent; or
iii: harbouring the child of that parent; or
b: to any other person for—
i: seducing the servant of that other person; or
ii: harbouring the wife of that other person.
2: In this section the expression parent
3: This section shall have effect in relation to events occurring before as well as after the commencement of this Act but shall not affect any action commenced before the commencement of this Act.
5: Action for breach of promise of marriage abolished
1: No agreement between 2 persons to marry each other, wherever made, shall be a contract, and the action for breach of promise of marriage is hereby abolished.
2: This section shall have effect in relation to agreements made before as well as after the commencement of this Act but shall not affect any action commenced before the commencement of this Act. Amendments and repeals
6: Consequential amendments and repeals
(1)–(4): Amendment(s) incorporated in the Act(s)
5:
(6)–(7): Amendment(s) incorporated in the Act(s)
8: This section shall not affect any action commenced before the commencement of this Act. Section 6(5) repealed 1 February 1992 Legal Services Act 1991
2: Property disputes arising out of agreements to marry
7: Interpretation
In this Part, unless the context otherwise requires,— agreement to marry court section 9 party to the agreement property
8: Property disputes arising out of agreements to marry
1: Where the termination of an agreement to marry gives rise to any question between the parties to the agreement, or between 1 or both of the parties to the agreement and a third party, concerning the title to or possession or disposition of any property, any such party may, in the course of any proceedings or on application made for the purpose, apply to the court for an order under this section.
2: Every application under this section shall be made within 12 months of the date of termination of the agreement or within such longer period as the court may allow.
3: Subject to subsection (6), on any such application the court shall make such orders as it thinks necessary to restore each party to the agreement, and any third party, as closely as practicable to the position that party would have occupied if the agreement had never been made.
4: In determining the orders to be made on any such application, the court shall not take into account or attempt to ascertain or apportion responsibility for the termination of the agreement.
5: In order to give effect to subsection (3), but without limiting the general power conferred thereby, the court may, on any such application, notwithstanding that the legal or equitable interests of all parties in any property may be defined, or that a party may have no legal or equitable interest in any property, make orders for—
a: the sale of all or part of the property and the division or settlement of the proceeds in such shares and upon such terms as it thinks fit:
b: the partition or division of the property:
c: the vesting of property owned by 1 or 2 parties in 2 or more parties in common in such shares as it thinks fit:
d: the conversion of joint ownership into ownership in common in such shares as it thinks fit:
e: the payment of sums of money by any party to any other party or parties.
6: Where any property in dispute is a gift from a third party and the court is satisfied that the third party does not wish the gift to be returned to him, the court may make such orders with respect to that property as appear just in all the circumstances, but without taking into account or attempting to ascertain or apportion responsibility for the termination of the agreement.
7: An order made under this section shall be subject to appeal in the same way as an order made by the District Court High Court the District Court High Court
8: Nothing in this section shall limit or affect the right of any person to bring an action for money had and received. Section 8(7) amended 1 March 2017 section 261 District Court Act 2016 Section 8(7) amended 1 April 1980 section 12 Judicature Amendment Act 1979
9: Concurrent jurisdiction of High Court and Family Court
1: The High Court the Family Court section 8 provided that the Family Court High Court
2: The High Court section 8 the Family Court High Court the Family Court High Court
3: Amendment(s) incorporated in the Act(s) Section 9 amended 1 October 1981 section 17(1) Family Courts Act 1980 Section 9 amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 9(1) amended 1 March 2017 section 261 District Court Act 2016 Section 9(1) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 9(2) amended 1 March 2017 section 261 District Court Act 2016 Section 9(2) amended 1 April 1980 section 12 Judicature Amendment Act 1979
9A: Rules of procedure
Rules regulating the practice and procedure of the courts in proceedings under this Act may be made,—
a: in the case of the High Court, under section 148
b: in the case of the Family Court, under section 16A Section 9A inserted 13 September 2002 section 6 Family Courts Amendment Act 2000 Section 9A(a) amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 9A(b) replaced 1 March 2017 section 261 District Court Act 2016
10: Other procedural matters
1: On any application made under section 8
2: An order made by the court pursuant to section 8 subpart 5
3: Where any order made pursuant to section 8 Registrar-General of Land or Registrar-General of Land or
4: Without limiting the provisions of subsection (2), where under any order made pursuant to section 8 Section 10 replaced 13 September 2002 section 6 Family Courts Amendment Act 2000 Section 10(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 10(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 10(3) amended 1 June 2002 section 38(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
11: Rights of mortgagee, etc, not affected
The rights conferred on any person by an order made under section 8 provided that, notwithstanding anything in any enactment or in any instrument, no money payable under any such mortgage, security, charge, or encumbrance shall be called up or become due by reason of the making of any such order not being an order directing the sale of any property.