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Articles for the keyword(s) "Marriage: formal validity"

"Getting it Right in One"

PRH Webb, 1998

This case note deals with the issue of parental consent raised in Kawasaki v Kawasaki [1997] NZFLR 932 (DC). With reference to English case law, the author highlights the anomalies that may ensue should the forum not heed a different classification of parental consent in the relevant lex domicilii. Therefore the approach of the judge in considering the possibility that parental consent might be regarded as a matter of capacity to marry, rather than a formality in Japanese law, is welcomed.

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“Marriage a la Mode – On the Telephone – The Rules in Berthiaume v Dastous”

PRH Webb, 2012

This article considers the application of the conflict of laws rule relating to the formal validity of a marriage to telephone marriages. The author considers whether in these circumstances the rule that a marriage must comply with the formality requirements of the lex loci celebrationis should be applied to require compliance with the formality rules of both countries in which the marriage seemingly takes place.

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“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.