DIVORCE LAW

Otago Daily Times, Issue 26532, 6 August 1947, Page 8

DIVORCE LAW

WAR-TIME MARRIAGES

BILL PASSED BY HOUSE Parliamentary Reporter WELLINGTON, Aug. 5. The opinion that the abolition of the conjugal rights method and the shortening of the period of legal separation required for divorce, would eliminate an undesirable method and improve the law, was expressed by Mr A. M. Finlay (Govt., North Shore) during consideration of the Matrimonnial Causes (War Marriages) Bill in the House of Representatives to-day. The Bill,' which was put through all stages and passed, makes temporary provisions to facilitate divorce proceedings in cases of war marriages where otherwise legal difficulties would arise by reason of only one of the parties having been domiciled in New Zealand. , The Minister of Justice. Mr Mason, who was in charge of the Bill, said that, in divorce, jurisdiction depended on the country of domicile. This was internationally recognised, though some countries had different interpretations of domicile. The war saw many marriages of New Zealand girls with United States servicemen, and the general rule was that the matrimonial domicile was that of the husband. Difficulties arose where'divorces were granted in the United States, with its numerous States, and if questions arose in future whether there was jurisdiction to grant a divorce, proof might be impossible in many cases, and status depended on proofs of circumstances, which would , become harder to find with time. It was decided, Mr Mason said, that the only thing to do was to recognise all divorces of that* description. To do otherwise would sustain relationship for a New Zealand party when the. relationship was not recognised in the United States. The Bill, said Mr Mason, also provided for the reverse position where a divorce was granted by a New Zealand court and allowed for securing reciprocal recognition by England and ? other Empire countries of divorces granted here. The Bill remedied matters calling for remedy. It recognised the circumstances of war, and remained limited to the cases so covered. Mr J R. Hanan (Oppn., Invercargill) said the Bill was a wise, humanitarian . piece of legislation. Most war marriages were successful, but there were odd cases of New Zealand girls caught up with the artificial social conditions r of war who had gone to other countries, where their marriages went on the rocks.

Mr R. M. Algie (Oppn., Remuera) said the Bill did no violence to the sanctity of marriage. Mr Finlay said there was a wellknown back-door method of securing a divorce under the New Zealand law. This was by suit for the restitution of conjugal rights, and, that granted and compliance not made, a divorce was granted on a further application. This method of divorce had been frequently commented on by judges.