"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.
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.
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.
FM Auburn and PRH Webb, 1977
The aim of this contribution is to provide an outline of New Zealand conflict of laws with specific reference to distinguishing features. The main focus is on statutory jurisdiction in the areas of family law and succession, as well as jurisdiction in regard to immovable property and insolvency.
A Hiller, 1963
These articles present an in-depth survey of English common law, statutory law and case law in regard to jurisdiction in nullity actions. In a brief note annexed to the articles, the author pleads for a restrictive interpretation of the relevant New Zealand statutory provisions so that the English common law rules pertaining to jurisdiction in nullity suits would still apply.