Desertion.—The High Court of Justice of the Commonwealth has defined desertion, which in several of the States is a legal cause for absolute divorce, as follows: “Desertion involves an actual and wilful bringing to an end of an existing state of cohabitation by one party without the consent of the other. Such ‘consent’ must be shown by something more than a mere mute acquiescence in an existing state of separation or non-resistance to abandonment. What is necessary is some communication of the intended acquiescence or non-resistance to the other by express words or by conduct.”
Form of Divorce Decree.—A decree of divorce in any of the States is granted nisi, or provisionally, and cannot be made absolute until three months have elapsed after the decree nisi is entered.
A judicial separation may be granted, even if the suit is for an absolute divorce, if the court deems such a decree better meets the law and facts of the case.
Victoria.—The Marriage Act of 1890 (54 Victoria, No. 1166), entitled “An act to consolidate the laws relating to marriage and to the custody of children and to deserted wives and children and to divorce and matrimonial causes,” is practically a short code on the subject of marriage and divorce.
Celebration of Marriage.—The following persons, and none other, may celebrate marriages:
1. A minister of religion ordinarily officiating as such, whose name, designation and usual place of residence, together with the church, chapel or other place of worship in which he officiates, is at the time of the celebration of the marriage duly registered according to law in the office of the Registrar-General.
2. A minister of religion being the recognized head of a religious denomination.
3. A minister of religion holding a registered certificate that he is a duly authorized minister, priest or deacon from the head of the religious denomination to which he belongs, or, if there be no such religious head, from two or more officiating ministers of places of worship duly registered according to law.
4. The Registrar-General or other officer appointed for that purpose.
Jews and Quakers.—The law permits Jews and Quakers to be married by such persons and in such manner as is considered regular and lawful according to their respective beliefs and usages.