DIVORCE LAW.

Auckland Star, Volume LXV, Issue 150, 27 June 1934, Page 10

DIVORCE LAW.

SOLICITOR FREED.

WEDDING-DAY AGREEMENT.

COURT OF APPEAL RULING.

- (By Telegraph.—Press Association.) ■WELLINGTON, Tuesday. On May 1, 1934, the undefended petition of Robert McKenzie, of Masterton, solicitor, for divorce from Lilian McKenzie, was heard before the Chief Justice, Sir Michael Myers. The petitioner based his petition on a separation arising out of an agreement which he entered into with his wife prior to their marriage on • January 20, 1931, which agreement provided for marriage' and immediate separation thereafter. According to the law of England such agreement is void as being against public policy. The Chief Justice raised the question whether or not that principle was applicable in New Zealand, and, if so, whether petitioner could seek divorce based on such separation. With the consent of counsel he decided to reserve the question for the opinion of the Court of Appeal. Petitioner, giving further evidence, said he was aware of the English law, but contended that on the day of the marriage, but subsequent to it, he and, his wife discussed the question whether they should live together and decided it would be better for them to live apart. When the case was called this morning the Chief Justice stated that he and his fellow judges had come to the conclusion that petitioner's evidence as to a fresh agreement arrived fit on the day of the marriage should be accepted and therefore the question of the effect of English law in New Zealand did not arise. j A decree nisi was granted.