10 (1) In a divorce proceeding, it is the duty of the court, before considering the evidence, to satisfy itself that there is no possibility of the reconciliation of the spouses, unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so.
Adjournment
(2) Where at any stage in a divorce proceeding it appears to the court from the nature of the case, the evidence or the attitude of either or both spouses that there is a possibility of the reconciliation of the spouses, the court shall
-
- (a) adjourn the proceeding to afford the spouses an opportunity to achieve a reconciliation; and
- (b) with the consent of the spouses or in the discretion of the court, nominate
- (i) a person with experience or training in marriage counselling or guidance, or
- (ii) in special circumstances, some other suitable person,
to assist the spouses to achieve a reconciliation.
AP Commentary: If in the course of the court proceedings, it becomes evident to a judge that reconciliation is a possibility, the judge must adjourn for at least 14 day to give the spouses an opportunity to explore reconciliation. If the spouses agree, the court may appoint a marriage counsellor.
Resumption
(3) Where fourteen days have elapsed from the date of any adjournment under subsection (2), the court shall resume the proceeding on the application of either or both spouses.
Nominee not competent or compellable
(4) No person nominated by a court under this section to assist spouses to achieve a reconciliation is competent or compellable in any legal proceedings to disclose any admission or communication made to that person in his or her capacity as a nominee of the court for that purpose. AP Commentary: The marriage counsellor appointed under this section cannot be called as a witness to disclose what was said to them by either spouse.
Evidence not admissible
(5) Evidence of anything said or of any admission or communication made in the course of assisting spouses to achieve a reconciliation is not admissible in any legal proceedings.