DIVORCE PETITION

Wanganui Chronicle, Volume 77, Issue 150, 27 June 1934, Page 8

DIVORCE PETITION

COURT OF APPEAL DECISION. [ Per Press Association. 1 WELLINGTON, June 26. On May 1, 1934, thc undefended petition of Robert McKenzie, of Masterton, solicitor, for a divorce from Lilian McKenzie, was heard before the Chief Justice. Petitioner based the petition on separation arising out of an agreement entered into with the wife prior to marriage on January 20, 1931, which agreement provided for marriage and immediate separation thereafter. According to the law of England such an agreement is void as being against public policy. The Chief Justice raised the question whether or not that principle was applicable to New Zealand, and if so whether the petitioner could seek a divorce based on such separation. With the consent of counsel he decided to reserve thc question for the opinion of the Court of Appeal. Petitioner, giving further evidence, said that 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 that it would be better for them to live apart. When thc 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 bo accepted, "and, therefore, the question of the effect of English law in New Zealand did not rise. A decree nisi was granted.