CO129-610-5 Marriages solemnized in Stanley Camp during the Japanese occupation and subsequent legislation for divorce 14-2-1947 - 27-6-1947 — Page 69

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houses. These particulars have been obtained by application to Christian Ministers and Churches and finally by a press notification inserted by the Registrar of Marriages calling upon the parties to Christian marriages celebrated during the occupation to furnish him with particulars. Apart from the practical difficulty of approaching individually the persons concerned, many of whom have left the Colony, it would, in my opinion, be contrary to public policy to give the parties the option of affirming or reprobating the marriage or even to make exceptions to the general rule of exempting any particular marriage from the validating provision.

This is perhaps best illustrated by the only case which has so far come to the notice of this Government. In this the parties desired the marriage to be treated as invalid solely because they no longer wished to live together and because it was to their financial advantage not to be married to one another. As the time that has elapsed since the liberation has been comparatively short it is unlikely that any of the parties have remarried and more unlikely that they should have had any issue. It is also unlikely that remarriage would have taken place without legal advice and if legal advice had been sought reference would probably have been made to you or to this Government.

4. In view of the above considerations and of the opinion set out in the note which formed the first enclosure to your despatch under reference, I am advised that the most practical course would be to proceed at once with the legislation proposed in my confidential despatch of 26th September, 1946, amended as in paragraph 2 above. I am in agreement with this view and consider it unlikely that any hardship or injustice will be caused if this course of action is adopted. I shall be glad to have your approval.

5. With regard to paragraphs 3 and 4 of your despatch under reference on the subject of the decrees of divorce pronounced by the Chief Justice during the enemy occupation of the Colony, I am taking steps to inform the parties to the decrees nisi which purport to have been pronounced that doubt exists as to the validity of such