§ Order of the Day for the House to be put into Committee, read.
§ Moved, That the House do now resolve itself into Committee.—(The Lord Chancellor.)
§ On Question, Motion agreed to.
§ House in Committee accordingly.
§ [The EARL of DONOUGHMORE in the Chair.]
§ Clause 1:
§ Power to entertain proceedings.
§ 1. Where a marriage has been contracted in the United Kingdom during the present war by a member of His Majesty's Forces domiciled in any of His Majesty's possessions or protectorates to which this Act applies, the competent court in that part of the United Kingdom where the marriage took place shall, any question of domicile or residence notwithstanding, have full jurisdiction and power to entertain, hear and determine any of the matrimonial proceedings specified in the schedule to this Act, where such proceedings are instituted by either party to the marriage, and to make decrees and orders in relation to such proceedings, as though the parties to the marriage were domiciled or resident in that part of the United Kingdom.
§ For the purposes of this section "the competent court" means, as respects England and Ireland the High Court, and as respects Scotland the Court of Session.
§ THE LORD CHANCELLOR (LORD BIRKENHEAD) moved, after the words "as though the parties to the marriage were domiciled or," to insert "where the jurisdiction of the court depends upon residence." The noble and learned Lord said: The first Amendment is a purely drafting one with which I need not trouble your Lordships.
§
Amendment moved—
Clause 1, page 1, line 16, after ("or") insert ("where the jurisdiction of the court depends upon residence").—(The Lord Chancellor.)
§ On Question, Amendment agreed to.
324§ THE LORD CHANCELLOR moved to insert at the end: "Provided that this Act shall not apply in any case where the parties to the marriage have at any time since the marriage resided together in the country of the husband's domicile."
§ The noble and learned Lord said: The proposed proviso requires a word of explanation. It is intended to meet one of the points raised by Lord Phillimore on the Second Reading. Lord Phillimore, it will be within your Lordships' recollection, pointed out that if the husband and wife had both gone to the Colony in question in a particular case, it might easily happen that the parties might hereafter return to this country, although they had contracted domicile in the Colonies, and then avail themselves of this Act. It was never intended that it should be open to either of the parties, if once they had gone to the Colonies, to return here to institute proceedings; and the purpose of this Amendment is to meet the objection—which, I think, depended on a very sound foundation—taken by Lord Phillimore.
§
Amendment moved—
At end insert ("Provided that this Act shall not apply in any ease where the parties to the marriage have at any time since the marriage resided together in the country of the husband's domicile").—(The Lord Chancellor.)
§ On Question, Amendment agreed to.
§ Clause 1, as amended, agreed to.
§ Clause 2 agreed to.
§ Clause 3:
§ Short title, construction and saving.
§ 3.—(1) This Act shall, in its application to England, be construed as one with the Matrimonial Causes Acts, 1857 to 1907, and those Acts and this Act may be cited together as the Matrimonial Causes Acts, 1857 to 1919, and this Act shall, in its application to Ireland, be construed as one with the Matrimonial Causes and Marriage Laws (Ireland) Amendment Acts, 1870 and 1871, and those Acts and this Act may be cited together as the Matrimonial Causes and Marriage Laws (Ireland) Amendment Act, 1870 to 1919; and this Act may be cited separately as the Matrimonial Causes (Dominions Troops) Act, 1919.
§ (2) Nothing in this Act shall prejudice or affect the jurisdiction of any court with respect to matrimonial proceedings, other than that conferred by this Act.
§ THE LORD CHANCELLOR moved to insert at the end of Clause 3 the words "This Act shall not apply to proceedings commenced after the expiration of one year from the passing thereof."
325§ The noble and learned Lord said: This Amendment is proposed in order to meet a point that was made by Lord Haldane. The noble Viscount pointed out that as the Bill was drafted ft was of indefinite duration. He very reasonably insisted that the object of the Bill must, in the nature of things, be of a temporary character, and that some safeguard in point of time ought to be inserted. With that object it is proposed to insert, in the place indicated, words providing that the Act shall not apply to proceedings commenced after the expiration of one year from the passing thereof. In the opinion of those who are responsible for the Bill this will supply sufficient margin for its legitimate duration.
§
Amendment moved—
Clause 3, page 2, line 22, at end insert ("This Act shall not apply to proceedings commenced after the expiration of one year from the passing thereof").—(The Lord Chancellor.)
§ On Question, Amendment agreed to.
§ Clause 3, as amended, agreed to.