Accessibility Skip to Global Navigation Skip to Local Navigation Skip to Content Skip to Search Skip to Site Map

Articles for the keyword(s) "Marriage: capacity"

"Nullity of Marriage and the Legitimacy of Children"

A Hiller, 1963

The author discusses, against the background of a historical and comparative survey of Roman, English, Australian and French law (as well as brief references to a number of other Continental systems, Mexico and Louisiana) the introduction of the putative marriage doctrine for children of void marriages into New Zealand law through the Matrimonial Proceedings Bill 1963 cl 8. While welcoming the creation of a presumption of legitimacy in favour of these children, the author is critical of the wide scope of the Bill as a result of the rejection of the requirement of a New Zealand domicile in respect of either of the parents.

^ Top of page

“Keeping a Weather Eye Open for a Rare Bird”

PRH Webb, 2010

This article surveys a range of commonly occurring family law issues. The focus is on the application of the longstanding conflict of laws rule that the applicable foreign law will not be applied if it is contrary to public policy within these issues. The issues surveyed include: validity of a marriage, granting of separation orders, prohibition on marriage and remarriage, void marriages, recognition of overseas dissolution and nullity decrees, recognition of maintenance applications, paternity orders, parenting orders under the Care of Children Act 2004, adoption and relationship property agreements.