13
The simpler course would be to introduce validating legislation and I am not clear whether there would be any strong objection to this course. I would not, however, make the suggestion in the draft despatch. It is possible that the Governor may come round to this view after further consideration, especially if the non- introduction of validating legislation involves making enquiries as suggested in paragraph 3 of the revised draft.
If you agree with the draft on this file and also the draft to Messrs. Maddin on 53528/330/46 below, perhaps you would be good enough to f.s.
them.
5.11.46.
X
Mr. Mayle.
divorces.
wen
I do not feel altogether happy about
In a case where only a decree nisi i
pronounced its invalidity is not perhaps a matter of very great importance because the parties did not
thereupon become free to re-marry. An invalid decree
absolute might, however, be a very serious matter.
}
I see that in Miss Ruston's minute of 28th June on
53528/330/46 she says that decrees were made in the
camp in order to allow the parties to re-marry and
so ensure the legitimacy of the children born in the
camp. If in fact they did re-marry, then the children
would not be legitimate if the decree absolute was
void, nor, according to English law, would they be legitimated if the parents now re-marry, because they were unable to marry at the time of the birth. Section 1(2) of the Legitimacy Act, 1926, provides
that nothing in the Act shall operate to legitimate
a person whose father or mother was married to a
third person when the illegitimate person was born. Moreover, if one of the parties had repented of the
a
re-marriage, pronouncement that the divorce
It must
was invalid might be seized upon as an
opportunity to get rid of the marriage bond.
be borne in mind that in 99 cases out of 100 a decree
absolute/