LAWS OF WESTERN SAMOA

DIVORCE AND MATRIMONIAL CAUSES

ANALYSIS
Title

1. Short title
2. Interpretation
3. Jurisdiction

PART I
JUDICIAL SEPARATION

4. Petition for judicial separation
5. Decree for judicial separation
6. Decree for judicial separation may be reversed

PART II
DIVORCE

7. Grounds for divorce
8. Decree of presumption of death and dissolution of marriage
9. Nullity of marriage
10. Provisions where adultery ground of relief
11. Alleged adulterer to be made co-respondent
12. Court to satisfy itself as to facts
13. Discretion of Court where collusion proved
14. Discretion of Court where petitioner in fault
15. When relief may be given to respondent
16. When decree of divorce to be granted
17. Remarriage of divorced person
18. Power to allow intervention on terms
19. Sale to defeat petitioner may be restrained
20. Molestation of divorced wife by her husband
21. Court may order adulterer to pay costs

PART III
ALIMONY, MAINTENANCE, CUSTODY, ETC.

22. Alimony and maintenance
23. Wife left without maintenance
24. Custody of children
25. Court may vary order for payment of money
26. Fraudulent deed may be set aside

PART IV
PROCEDURE

27. Affidavit verifying petition
28. Serving petition
29. Evidence of parties
30. Mode of taking evidence
31. Adjournment
32. Costs
33. Enforcement of orders and decrees
34. Fees
35. Proceeding may be heard in chambers
36. Appeal
37. Recognition of overseas divorces
38. Power to make and alter rules of procedure

PART V
REPEALS AND SAVINGS

39. Part XI of the Samoa Act 1921 (N.Z.) no longer part of the law of Western Samoa

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THE DIVORCE AND MATRIMONIAL CAUSES ORDINANCE 1961

1961, No. 20

An Ordinance to make provision for Divorce and other Matrimonial Causes

[28 December 1961

1. Short title

This Ordinance may be cited as the Divorce and Matrimonial Causes Ordinance 1961, and shall come into Force on the 1st day of January 1962.

(As to the effect of death on the cause of action in respect of claims under this Ordinance for damages on the ground of adultery, see s 3 (1) of the Law Reform Act 1964)

2. Interpretation

In this Ordinance, if not inconsistent with the context, "Court" means the Supreme Court of Western Samoa.

3. Jurisdiction

The Court shall have jurisdiction in divorce and other causes and matrimonial matters in accordance with the provisions of this Ordinance and all the powers and jurisdiction hereby given to the Court may be exercised by any Judge of the Court.

PART I
JUDICIAL SEPARATION

4. Petition for judicial separation

A petition for judicial separation may be presented to the Court either by the wife or the husband and on the ground of cruelty or adultery or desertion without just cause for not less than 2 years.

5. Decree for judicial separation

The Court on being satisfied that the allegations contained in the petition are true may make, in its discretion, a decree of judicial separation. When such a decree is made the petitioner shall no longer be obliged to cohabit with the respondent.

6. Decree for judicial separation may be reversed

(1) The Court, on the application by petition of the husband or wife against whom a decree of judicial separation has been made, and on being satisfied that the allegations made in the petitions are true, may reverse the decree at any time after the making thereof, on the ground that it was obtained in the absence of the person making the application or, if desertion was the ground of the decree, that such desertion was for a just cause.

(2) The reversal of a decree shall not affect the rights or remedies which any other person would have had if the decree had not been reversed in respect of any debts, contracts or acts of the wife incurred, entered into or done between the date of the decree and of the reversal thereof. 

PART II
DIVORCE

7. Grounds for divorce

(1) Any married person who is domiciled in Western Samoa and at the time of the filing of the petition where the ground is one of those specified in paragraphs (i), (j), (k) and (l) of this section has been domiciled there for 2 years at least (hereinafter called "the petitioner") may present a petition to the Court praying for a divorce from the other party to the marriage (hereinafter called "the respondent") on any one or more of the following grounds:

(a) That the respondent has been guilty of adultery since the celebration of the marriage;

(b) That the respondent without just cause has wilfully deserted the petitioner and without just cause has left the petitioner continuously so deserted for 3 years or more;

(c) That the respondent has for 3 years or more been a habitual drunkard and has either habitually left his wife without sufficient means of support or habitually been guilty of cruelty toward her; or, being the petitioner's wife has for a like period been a habitual drunkard and has habitually neglected her domestic duties and rendered herself unfit to discharge them;

(d) That since the celebration of the marriage the respondent has been convicted of attempting to murder the petitioner or any child (of any age) of the petitioner or respondent or has been convicted of wounding, doing actual bodily harm to or, discharging any firearm at the petitioner or any such child with intent to maim, disfigure, disable or do any grievous bodily harm to the petitioner or such child;

(e) That the respondent has, since the celebration of the marriage, been convicted of murder;

(f) That the respondent is a person of unsound mind and [unlikely] to recover, and there has been an order of medical custody against him pursuant to [the Mental Health Ordinance 1961], or he has been confined in a mental health institution in any other country for a period or periods not less in the aggregate than 5 years within the period of 8 years immediately preceding the filing of the petition;

(g) That the respondent is a person of unsound mind and is unlikely to recover, and has been continuously a person of unsound mind for a period of 5 years immediately preceding the filing of the petition and during the final 3 years of the said period of 5 years has been the subject of an order of medical custody pursuant to the Mental Health Ordinance 1961, or has been confined in a mental health institution in any other country for the said period of 3 years;

(h) That the petitioner and respondent are parties to an agreement for separation, whether made by deed or other writing, or verbally, and that such agreement is in full force and has been in full force for not less than 3 years;

(i) That the petitioner and the respondent are parties to a decree of judicial separation or a separation order made in Western Samoa or any decree, order, or judgment made in any country if such decree, order or judgment has in that country the effect that the parties are not bound to live together, and further that such decree of judicial separation, separation order or other decree, order or judgment is in full force and has been in full force for not less than 3 years;

(j) That the petitioner and the respondent are living apart and are unlikely to be reconciled and have been living apart for not less than 5 years;

(k) That the respondent, being the husband of the petitioner, has been guilty of rape or of sodomy or of bestiality since the celebration of the marriage;

(l) That the respondent has been convicted of any crime and has been sentenced to a term of imprisonment of at least 7 years.

(2) For the purpose of this Ordinance, any rule of common law notwithstanding, any person male or female shall be deemed to be domiciled in Western Samoa if he or she has been residing in Western Samoa for a period of at least 2 years and intends to remain in Western Samoa for the rest of his or her life unless some circumstance should occur to alter that intention.

(In subs. (1) (f) the word "unlikely" was substituted for the word "likely" by s. 3 of the Divorce and Matrimonial Causes Amendment Act 1963, and the words "Western Samoa" have been omitted from the reference to the Mental Health Ordinance 1961 pursuant to s. 3 (f) of the Reprint of Statutes Act 1972)

8. Decree of presumption of death and dissolution of marriage

(1) Any married person who alleges that reasonable grounds exist for supposing that the other party to the marriage is dead may, if he is domiciled in Western Samoa, present a petition to the Court praying to have it presumed that the other party is dead and to have the marriage dissolved and the Court, if satisfied that such reasonable grounds exist, may make a decree of presumption of death and of dissolution of the marriage.

(2) In any such proceedings the fact that for a period of 5 years or upwards the other party to the marriage has been continually absent from the petitioner and the petitioner has no reason to believe that the other party has been living within that time, shall be evidence that he or she is dead in the absence of proof to the contrary.

(3) Unless the context requires otherwise, the provisions of this Ordinance and of any other Ordinance so far as they are applicable and with any necessary modifications, shall apply to a petition and a decree under this section as they apply to a petition for divorce and a decree of divorce respectively.

9. Nullity of marriage

(1) A petition for nullity of marriage on any of the grounds specified in subsections (2) and (3) of this section may be presented to the Court in either of the following cases:

(a) Where the petitioner or the respondent is domiciled in Western Samoa at the time of filing the petition;

(b) Where the marriage was celebrated in Western Samoa.

(2) A marriage shall be void at all times, whether or not a decree for nullity has been granted, where any of the following grounds exist, and in no other case:

(a) That at the time of the ceremony of marriage either party to the marriage was already married;

(b) That, whether by reason of duress or mistake or insanity or otherwise, there was at the time of the marriage an absence of consent by either party to marriage to the other party;

(c) That the marriage is declared to be void by section 7 of the Marriage Ordinance 1961;

(d) That the marriage was not solemnised in due form.

(3) A marriage shall be voidable on any of the following grounds and on no other:

(a) That the marriage has not been consummated owing to the incapacity or wilful refusal of the respondent to consummate the marriage;

(b) That either party to the marriage was at the time of the marriage a mentally defective person within the meaning of the Mental Health Ordinance 1961 although capable at that time of consenting to the marriage;

(c) That the respondent was at the time of the marriage suffering from venereal disease in a communicable form;

(d) That the respondent was at the time of the marriage pregnant by some person other than the petitioner:

Provided that in the cases specified in paragraphs (b), (c) and (d) of this subsection the Court shall not grant a decree unless it is satisfied-

(i) That the petitioner was at the time of the marriage ignorant of the facts alleged;

(ii) That proceedings were instituted within one year from the date of the marriage (provided however that the Court may extend this period if it thinks fit);

(iii) That marital intercourse with the consent of the petitioner has not taken place since the discovery of the existence of the grounds for a decree;

(iv) A decree for nullity granted in respect of a voidable marriage as defined in subsection (3) of this section shall declare the marriage to be annulled on and from the date of the decree. Every such marriage shall be deemed to be and to have been valid from the time of its celebration until the date of a decree annulling it as aforesaid;

(v) Unless the context otherwise requires the provisions of this Ordinance and of any other Ordinance, so far as they are applicable and with any necessary modifications, shall apply to a petition and a decree under this section as they apply to a petition for divorce and a decree of divorce respectively.

10. Provisions where adultery ground of relief

(1) In every case in which relief is sought on the ground of adultery the following provisions shall apply:

(a) The Court shall satisfy itself so far as it reasonably can as to whether or not the petitioner has been accessory to or has connived at or condoned the adultery;

(b) If on the evidence the Court is not satisfied that the alleged adultery has been committed, or finds that the petitioner has been accessory to or has connived at or condoned the adultery complained of, or that the petition is presented or prosecuted in collusion with either of the respondents, the Court shall dismiss the petition;

(c) If the Court is satisfied on the evidence that the case for the petitioner has been proved, and does not find that the petitioner has been in any manner accessory to or has connived at or condoned the adultery, or that the petition is presented or prosecuted in collusion with either of the respondents, the Court shall pronounce a decree of divorce:

Provided that this provision shall be subject to the discretion given to the Court by section 16 of this Ordinance.

(2) Where on the petition of a husband for divorce the alleged adulterer is made a co-respondent, or where on the petition of a wife the person with whom her husband is alleged to have committed adultery is made a respondent, the Court, after the close of the evidence on the part of the petitioner, may direct such co-respondent or respondent to be dismissed from the suit if it thinks there is not sufficient evidence against him or her.

11. Alleged adulterer to be made co-respondent

(1) On a petition presented by a husband for divorce on the ground of adultery, the petitioner shall make the alleged adulterer a co-respondent, unless he is excused by the Court on special grounds from so doing. If in answer to his wife's petition for divorce a husband alleges that his wife has committed adultery, he shall make the alleged adulterer a co-respondent unless he is excused by the Court on special grounds from so doing.

(2) On a petition presented by a wife for divorce on the ground of adultery the Court, if it thinks fit, may direct that the person with whom the husband is alleged to have committed adultery be made a respondent.

12. Court to satisfy itself as to facts

On every petition for divorce the Court shall satisfy itself so far as it reasonably can as to the facts alleged, and shall inquire into any counter charge that is made against the petitioner.

13. Discretion of Court where collusion proved

Where there has been collusion between the petitioner and the respondent the Court shall have a discretion as to whether or not a decree of divorce shall be made, except in cases in which relief is sought on the ground of adultery.

14. Discretion of Court where petitioner in fault

In every case where the petitioner's own habits or conduct induced or contributed to the wrong complained of the Court shall have a discretion as to whether of not a decree shall be made.

15. When relief may be given to respondent

If in any suit or other proceeding instituted for divorce or judicial separation the respondent shall allege in his or her answer any matter entitling either husband or wife to any relief under this Ordinance, the Court may give to the respondent in such suit, on his or her application, the same relief as he or she would have been entitled to if he or she had filed a petition seeking such relief.

16. When decree of divorce to be granted

In every case where the ground on which relief is sought is one of those specified in paragraphs (i), (j), (k) and (l) of section 7 of this Ordinance and the petitioner has proved his or her case, the Court shall have a discretion as to whether or not a decree shall be made and in every other case where the petitioner has proved his or her case then subject to the special provisions hereinbefore contained, the Court shall pronounce a decree of divorce.

17. Remarriage of divorced person

When a decree of divorce has been pronounced, but no sooner, it shall be lawful for the respective parties thereto to marry again as if the prior marriage had been dissolved by death.

18. Power to allow intervention on terms

In every case in which any person is charged with adultery with any party to a suit, or in which the Court may consider in the interest of any person not already a party to the suit that that person should be made a party to the suit, the Court, if it thinks fit, may allow that person to intervene upon such terms (if any) as the Court thinks just.

19. Sale to defeat petitioner may be restrained

(1) Where it appears to the Court that there is reasonable ground for believing that a sale of real estate is about to be made by a respondent or co-respondent with intent to defeat a petitioner's claim, or any decree or order in respect of damages, alimony, maintenance of children, or costs, the Court may by order restrain such sale, or order the proceeds of the sale to be paid into Court to be dealt with as the Court directs.

(2) Any sale made after an order of the Court restraining such sale as aforesaid has been served on or come to the notice of the person selling, or any auctioneer, agent, or solicitor, acting in such sale, shall be null and void; and the Court may consider any claim of any person interested, and may make such order in the premises as it thinks just.

20. Molestation of divorced wife by her husband

If at any time after a decree of dissolution of marriage has been pronounced at the suit of the wife the husband from whom she has been so divorced-

(a) Commits any trespass by entering or remaining upon or in any land, house, or building which is in her occupation or in which she is dwelling; or 

(b) Attempts or threatens to commit any such trespass; or 

(c) Molests her by watching or besetting her dwellinghouse or place of business, employment or residence, or by following or waylaying her in any road or other public place,-

he shall be guilty of an offence and shall be liable to a fine of [$100] or imprisonment for up to 3 months.

21. Court may order adulterer to pay costs

Where in any petition presented by a husband the alleged adulterer has been made a co-respondent, or where in answer to his wife's adultery, and in any such case the adultery has been established, the Court may order the adulterer to pay the whole or any part of the costs of the proceedings.

PART III
ALIMONY, MAINTENANCE, CUSTODY, ETC.

22. Alimony and maintenance

(1) The Court may if it thinks fit, on any decree for divorce or nullity of marriage, order that the husband or his personal representatives shall, to the satisfaction of the Court, secure to the wife such gross sum of money or annual sum of money for any term, not exceeding her life, as, having regard to her fortune (if any), to the ability of her husband, and to the conduct of the parties, the Court may deem to be reasonable; and the Court may for that purpose order that it shall be referred to the Registrar to settle and approve a proper deed or instrument, to be executed by all the necessary parties, and may, if it thinks fit, suspend the pronouncing of the decree until the deed or instrument has been duly executed.

(2) In any such case as aforesaid the Court may, if it thinks fit, by order, either in addition to or instead of an order under subsection (1) of this section, order that the husband or his personal representatives shall pay to the wife for any term not exceeding her life such monthly or weekly sum for her maintenance and support as the Court may think reasonable, and every such order made against the husband shall be enforceable against his personal representatives after his death:

Provided that-

(a) If the husband or his estate, as the case may be, after any such order has been made, becomes from any cause unable to make the payments, the Court may discharge or modify the order, or temporarily suspend the order as to the whole or any part of the money ordered to be paid, and subsequently revive it wholly or in part as the Court thinks fit; and 

(b) Where the Court has made any such order as is mentioned in this subsection and the Court is satisfied that the means of the husband or of his estate, as the case may be, have increased, the Court may, if it thinks fit, increase the amount payable under the order.

(3) On any petition for divorce or nullity of marriage the Court shall have the same power to make interim orders for the payment of money by way of alimony or otherwise to the wife as the Court has in proceedings for judicial separation.

(4) In all cases where the Court makes an order for alimony the Court may direct the alimony to be paid either to the wife or to a trustee approved by the Court on her behalf, and may impose such terms or restrictions as the Court thinks expedient and may from time to time appoint a new trustee if for any reason it appears to the Court expedient so to do.

23. Wife left without maintenance

If a wife while separated from her husband is habitually and without just cause left by him without reasonable maintenance, the husband shall be deemed for the purposes of this Ordinance to have deserted his wife wilfully and without just cause for the period during which she has been left without maintenance as aforesaid, whether the separation of the parties has taken place or continued by agreement, or by virtue of a judicial decree or order or in any other manner

24. Custody of children

In any proceedings for divorce, or nullity of marriage, or judicial separation, the Court may from time to time, either before or by or after the final decree, make such provision as appears just with respect to the custody, maintenance, and education of the children, the marriage of whose parents is the subject of the proceedings, or, if it thinks fit, direct proper proceedings to be taken for placing the children under the protection of the Court.

25. Court may vary order for payment of money

(1) The Court may from time to time vary or modify any order for the periodical payment of money made under the provisions of this Ordinance relating to matrimonial causes and matters either by altering the times of payment or by increasing or diminishing the amount, or may temporarily suspend the order as to the whole or any part of the money ordered to be paid, and subsequently revive it wholly or in part as the Court thinks just.

(2) An application for an order under this section may be made by the person entitled to the benefit of the order or by the person liable under the order or (after his or her death) by his or her personal representative or by any creditor or other person interested in the distribution of his or her estate.

26. Fraudulent deed may be set aside

(1) Where it is proved to the satisfaction of the Court that any deed, conveyance, agreement, or instrument has been executed or made by or on behalf of, or by direction of, or in the interest of a respondent husband or wife, or a co-respondent, in order to defeat the claim or rights of the petitioner in respect of damages, alimony, costs, or maintenance of children, such deed, conveyance, agreement, or instrument, may, on the application of the petitioner, and on such notices being given as the Court may direct be set aside, on such terms as the Court thinks proper.

(2) If the Court on the hearing of the application so orders and declares, any money or property, real or personal, dealt with by such deed, conveyance, agreement, or instrument as aforesaid may be taken in execution at the suit of the petitioner, or may be charged with the payment of such sum for the maintenance of the petitioner, or of the petitioner and children, as the Court directs.

(3) The Court may make such order for the protection of a bona fide purchaser as it thinks just.

(4) The respondent or co-respondent, as the case may be, and any one acting in collusion with the respondent or co-respondent, may be ordered to pay the costs of the petitioner and of a bona fide purchaser of and incidental to the execution of such deed, conveyance, agreement, or instrument, and of setting the same aside.

PART IV
PROCEDURE

27. Affidavit verifying petition

Every person seeking a divorce, or a decree of nullity of marriage, or a decree for judicial separation, or a decree in a suit of jactitation of marriage shall append to the petition or other application for relief an affidavit verifying the same so far as the deponent is able to do so, and stating that there is not any collusion between the deponent and the other party to the marriage, and also, in every case where adultery is alleged, that there is not any connivance between the deponent and the other party to the marriage.

28. Serving petition

Every such petition shall be served on the party to be affected thereby, either within or without Western Samoa, in such manner as the Court by any general or special order from time to time directs, and for that purpose the Court shall have and may exercise all the powers it now possesses by law:

Provided that the Court may dispense with such service altogether where it seems necessary or expedient so to do.

29. Evidence of parties

The parties to any proceedings instituted in consequence of adultery, and the husbands and wives of the parties, shall be competent to give evidence in the proceedings; but no witness in any such proceedings, whether a party thereto or not, shall be liable to be asked or be bound to answer any question tending to show that he or she has been guilty of adultery, unless he or she has already given evidence in the same proceedings in disproof of the alleged adultery.

30. Mode of taking evidence

The witnesses in all proceedings before the Court, where their attendance can be had, shall be sworn and examined orally in open Court, and such attendance and the production of documents by them shall be compelled in the same manner as in an action at law, but the parties, with the leave of the Court, may verify their respective cases in whole or in part by affidavit, but so that the deponent in every such affidavit, on the application of the opposite party or by the direction of the Court, shall be subject to [be cross-examined by or on behalf of the opposite party orally in open Court and after such] cross-examination may be re-examined orally in open Court as aforesaid by or on behalf of the party by whom such affidavit was filed.

(The words in square brackets were inserted by s. 2 of the Divorce and Matrimonial Causes Amendment Act 1963.)

31. Adjournment

The Court may from time to time adjourn the hearing of any petition, and may require further evidence thereon if it sees fit so to do.

32. Costs

Subject to the foregoing provisions of this Ordinance relating to costs, the Court on the hearing of any suit, proceeding, or petition under this Ordinance may make such order as to costs as to the Court seems just.

33. Enforcement of orders and decrees

All decrees and orders made by the Court in any suit, proceeding or petition instituted under this Ordinance shall be enforced and put in execution in the same or in the like manner as other judgments, orders and decrees of the Court may be enforced and put in execution.

34. Fees

The fees payable on all proceedings filed under this Ordinance shall be in accordance with the Rules made in that behalf from time to time by [the Head of State, acting on the advice of Cabinet].

(The reference to the Head of State acting on the advice of Cabinet has been substituted for a reference to the Council of State acting by and with the advice of the Executive Council pursuant to s.4 (1) (c) of the Existing Law Adjustment Ordinance 1961).

35. Proceeding may be heard in chambers

The Court, on the application of any party to any suit or proceedings under this Ordinance or at its own discretion, if it thinks proper in the interest of public morals, may hear and try any such suit or proceeding in chambers and may at all times in any suit or proceeding, whether heard and tried in chambers or in open Court, make an order forbidding the publication of any report or account of the evidence or other proceedings therein either as to the whole or any portion thereof, and the breach of any such order or any colourable or attempted evasion thereof may be dealt with as contempt of Court.

[36. Appeal

(1) There shall be no right of appeal against any decree of presumption of death, or of dissolution of marriage, or of divorce, or of nullity, made by the Court under this Ordinance. 

(2) Any party dissatisfied with the decision of the Court in respect of any other matter provided for in this Ordinance may appeal therefrom to the Court of Appeal within 6 weeks after the pronouncing of such decision.]

(This section was substituted for the original s. 36 by s. 4 of the Divorce and Matrimonial Causes Amendment Act 1963.)

37. Recognition of overseas divorces

(1) The validity of any decree or order or legislative enactment for divorce or nullity of marriage made (whether before or after the commencement of this Ordinance) by a Court or legislature of any country outside Western Samoa, shall, by virtue of this section, be recognised in Western Samoa if-

(a) That Court or legislature has exercised jurisdiction-

(i) In any case, on the basis of the domicile of one or both of the parties to the marriage in that country; or

(ii) In any case on the basis of the residence of one or both of the parties to the marriage in that country if at the commencement of the proceedings such party had been resident in that country for at least 2 years; or

(iii) In any case on the basis that one or both of the parties to the marriage are nationals or citizens of that country or of the sovereign state of which that country forms a pan; or

(iv) In any case, on the basis that the wife has been deserted by her husband, or the husband has been deported, and that the husband was immediately before the desertion or deportation domiciled in that country; or

(v) In any case on the basis that the wife was legally separated from her husband, whether by order of a competent Court or by agreement, and that the husband was at the date of the order or agreement domiciled in that country; or

(vi) In the case of nullity of marriage on the ground of non-consummation owing to incapacity or wilful refusal or on some ground existing at the time of the marriage, on the basis of the celebration of the marriage in that country; or

(b) The decree or order or enactment is recognised as valid in the Courts of a country in which at least one of the parties to the marriage is domiciled or is deemed by the law of that country to be domiciled.

(2) Nothing in this section shall affect the validity of any decree or order or legislative enactment for divorce or nullity of marriage or of any dissolution of marriage otherwise than by judicial process that would be recognised in the Court apart from this section.

38. Power to make and alter rules of procedure

(1) The [Head of State, acting on the advice of Cabinet, may from time to time by Order]-

(a) Make rules concerning the practice, pleading and procedure under this Ordinance;

(b) Fix scales of costs and fees for all suits and proceedings and make rules regarding such costs and fees.

(2) Until such scales of costs and fees have been fixed as is herein provided, the Court may allow such costs as it thinks fit.

(In subs. (1) the words in square brackets were substituted for the words "Head of State may from time to time by Order in Council" by s. 33 of the Reprint of Statutes (Miscellaneous Provisions) Act 1975.)

PART V
REPEALS AND SAVINGS

39. Part XI of the Samoa Act 1921 (N.Z.) no longer part of the law of Western Samoa

As from the date of coming into force of this Ordinance, Part XI of the Samoa Act 1921 (N.Z.) shall cease to be part of the law of Western Samoa, provided however, that this Ordinance shall not apply to any petition for judicial separation, divorce or nullity of marriage filed before the date of coming into force of this Ordinance, and such petition shall be dealt with by the Court as if this Ordinance had not been passed.

THE DIVORCE AND MATRIMONIAL CAUSES
AMENDMENT ACT 1963

1963, No. 8

An Act to amend the Divorce and Matrimonial Causes Ordinance 1961
[30 October 1963

1. Short title

This Act may be cited as the Divorce and Matrimonial Causes Amendment Act 1963, and shall be read together with and deemed part of the Divorce and Matrimonial Causes Ordinance 1961 (hereinafter referred to as the principal Ordinance).

2. This section amended s. 30 of the principal Ordinance.

3. This section amended para. (f) of s. 7 of the principal Ordinance.

4. This section substituted a new section for s. 36 of the principal Ordinance.

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The Divorce and Matrimonial Causes Ordinance 1961
is administered in the Department of Justice.