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Articles for the keyword(s) "Recognition: foreign divorce decrees"

"Nullity and Divorce: Recognition in New Zealand of English Decrees and Recognition in England of New Zealand Decrees"

PRH Webb, 1966

In this article hypothetical fact scenarios are used to illustrate: (1) the application of the New Zealand “codified” regime regarding the recognition of foreign divorce, dissolution and nullity decrees (Matrimonial Proceedings Act 1963, s 82) to the recognition of English decrees by New Zealand courts; and (2) the recognition of New Zealand decrees by English courts according to the non-statutory English regime. The author submits that the New Zealand codification could be a useful source of reference for possible law reform in this area of English law.

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"Divorce, The Royal Commission, and the Conflict of Laws"

JW Davies and BD Inglis, 1957

The authors critically analyse certain provisions of the Royal Commission's Draft Code on Jurisdiction and Recognition (UK, annexed to the Report of the Royal Commission on Marriage and Divorce (1951-1955)) in the light of the New Zealand law governing jurisdiction in divorce cases, as well as the recognition of foreign divorce and nullity decrees. They conclude that, although the Draft Code contains valuable recommendations, New Zealand statutory reform has been progressive and already addresses most of the points raised by the Commission.

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"Annulment of Foreign Marriages and Recognition of Foreign Divorces"

BD Inglis, 1955

The author highlights anomalies that may ensue in regard to nullity suits if s 10B of the Divorce and Matrimonial Causes Act 1928 is regarded as an exhaustive code that excludes the common law, especially in regard to marriages where the parties were domiciled overseas at the time of marriage. In regard to s 12A, the author expresses serious concerns in regard to the recognition of a foreign divorce decree, based on the “deemed” domicile of the wife, which may be acquired after a very short period of residence.

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"Recognition of Overseas Nullity Decrees and the Matrimonial Proceedings Act 1963, s 42"

PRH Webb, 1975

In a brief note, the author points to a possible conflict between two subsections of the Matrimonial Proceedings Act 1963 in regard to the length of residence required for recognition of a foreign nullity decree by the statute and at common law.

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"Divorce, The Royal Commission, and the Conflict of Laws"

JW Davies and BD Inglis, 1957

The authors critically analyse certain provisions of the Royal Commission’s Draft Code on Jurisdiction and Recognition (UK, annexed to the Report of the Royal Commission on Marriage and Divorce (1951-1955)) in the light of the New Zealand law governing jurisdiction in divorce cases, as well as the recognition of foreign divorce and nullity decrees. They conclude that, although the Draft Code contains valuable recommendations, New Zealand statutory reform has been progressive and already addresses most of the points raised by the Commission.