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to English law, would not be legitimated by the re-marriage of their parents after further divorce proceedings. If there is any such case it seems clear that it will be necessary to enact legislation to remove all doubt as to the validity of these decrees. I consider therefore that it is desirable to inform the parties of the doubt entertained on this matter, stating that a proposal to introduce legislation is under consideration and inviting their comments.
4. I am advised that there is not the same need to validate decrees nisi which were made in the Camp, and which, presumably, have not been made absolute, and that there would be greater objection in principle to doing so, since while a decree absolute is a rule little more than a formality, this cannot be said of a decree nisi. I would therefore, with your proposal to take no action as respects decrees nisi, providing that the parties are informed of the doubts entertained, told that the Government does not feel that it would be appropriate to introduce validating legislation and that it was left to them to take any further steps in the matter.
5. I suggest, therefore, that the first step should be so approach all persons affected by these marriages and divorce decrees on the lines suggested above. Decisions as to the proper course to adopt could be taken on receipt of replies.
6. In view of this despatch, I have caused a further interim reply to be sent to Messrs. Maddin and Company regarding their enquiry relating to divorce decrees made by the Chief Justice during the period of Japanese occupation. I enclose a copy of that letter.
I have the honour to be
sir,
Your most obedient
humble servant,
(sgd) A Creech Jones.
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Wt. 29446/552 9/46 50m. S. & S. Ltd.
c. o.
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