AGREED TO PART.

Star (Christchurch), Volume LXVI, Issue 20341, 26 June 1934, Page 7

AGREED TO PART.

Petition for Divorce Granted. UNUSUAL APPEAL COURT CASE. Per Press Association. WELLINGTON, June 26. On May 1. 1934, the undefended petition of Robert M’Kenzie, a solicitor, of Masterton, for divorce from Lilian M’Kenzie was heard before the Chief Justice, Sir Michael Myers. Petitioner based his petition on separation grising out of an agreement entered into with his wife prior to the marriage on January 20, 1931 which provided for the marriage and immediate separation of the parties. According to the law of England such an agreement is void as against public policy. The Chief Justice raised the question of whether or not.that principle was applicable in New Zealand, and, if so, whether the petitioner could seek a divorce based on such a separation. With the consent of counsel, he decided to reserve the question for the opinion of the Court of Appeal. Petitioner, in giving further evidence, said he was aware of the English law, but contended that on the day of his marriage, but subsequent to it, he and his wife discussed the question of whether they should live together. It was decided that 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 at on the day of the marriage should be accepted, and, therefore, the question of the affect of the English law in New Zealand did not arise. A decree nisi was granted.