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Articles for the keyword(s) "Putative marriage"

"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.