Section 44 Matrimonial Causes Act 1970

Section 44 of the Matrimonial Causes Act 1970 is about Decree of judicial separation not to bar subsequent proceedings for dissolution of marriage. It provides as follows:

(1) A decree of judicial separation shall not prevent the institution by either party to the marriage of proceedings for a decree of dissolution of marriage.

(2) Subject to the next succeeding subsection, the court may, in any proceedings for a decree of dissolution of marriage on the same, or substantially the same, facts as those on which a decree of judicial separation has been made, treat the decree of judicial separation as sufficient proof of the facts constituting the ground on which that decree was made.

(3) The court shall not grant a decree of dissolution of marriage without receiving evidence by the petitioner in support of the petition.

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