Does spousal privilege apply after divorce?
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Does spousal privilege apply after divorce?
The privilege may be invoked in either criminal or civil proceedings. The marital confidences privilege only applies to communications made during marriage and cannot be invoked for communications before marriage, or after divorce. The privilege survives divorce so one spouse may prevent an ex-spouse from testifying.
Does a wife have to give evidence against her husband?
Compellability issues in court concern certain situations where you can actually object to giving evidence in court as a witness. Where you are a partner, spouse, de-facto, parent, child of the person accused of a crime, you are allowed to object to giving evidence against him/her.
Can a spouse represent a spouse in court?
It is rare for a court to permit someone else to represent you and will only be granted in exceptional circumstances. If you appear personally with no legal representation, you are allowed to bring along a person known as a McKenzie friend.
