Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
JUDICIAL SEPARATION.--A limited divorce or judicial separation can be
obtained by either spouse on the following grounds:
1. Adultery.
2. Cruelty.
3. Desertion without legal cause for two years.
LEGITIMACY.--Illegitimate children are legitimatized by the subsequent
marriage of their parents.
WEST AUSTRALIA.--The Marriage Act of 1894 is virtually an acceptance by
this State, so far as practicable, of the English Divorce Act of 1857.
The causes for absolute divorce or for a judicial separation are the same
as those given above for the State of Queensland.
SOUTH AUSTRALIA AND TASMANIA.--In these two States, by legislative
enactments, the causes for absolute divorce and judicial separation are
the same as those given on opposite page for Queensland, West Australia
and South Australia.
The exercise of appellate jurisdiction by the High Court of Justice of the
Commonwealth in matrimonial causes has the beneficial effect of making the
several States more and more uniform in their local legislation and
judicial interpretation.
The federal Parliament has express authority under the constitution to
enact a federal code of marriage and divorce which will operate throughout
the entire Commonwealth, and such a code in one form or another is
inevitable.
The Commonwealth of Australia is not yet a dozen years old, but the need
of superseding six separate systems of law respecting marriage and divorce
by a national law on the subject is already apparent and under
constructive discussion.
Of all the federative dependencies of the British Crown Australia is
perhaps the most homogenous in race, religion and traditions, and it will
probably be the first to adopt a federal law of marriage and divorce.
CHAPTER XXXII.
DOMINION OF NEW ZEALAND.
The Dominion of New Zealand is a colony of Great Britain consisting of
North, South and Stewart Islands, or New Zealand proper, and certain
outlying islands, including Cook Island, in the Pacific Ocean.
Its present form of government was established by an act of the Imperial
Parliament (15 and 16 Vict., cap. 27) passed in 1852.
The legislative power is vested in the governor and a bicamera General
Assembly or Parliament, consisting of a Legislative Council and a House of
Representatives. The constitution provides that the General Assembly or
Parliament may make laws "not repugnant to the laws of England."
The General Assembly, by an act passed in 1858, declared that: "Whereas,
the laws of England, as existing on the fourteenth day of June, 1840, have
been applied in New Zealand as far as applicable to the circumstances;
but, Whereas, doubt has arisen in respect to such application--Be it
declared and enacted, that the laws of England, as existing June 14, 1840,
be deemed and taken to have been in force on and after that day and shall
hereafter continue in force."
Hence it is apparent that the body of the law of New Zealand is founded
upon the jurisprudence of England.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account