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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(16) 54185/46.

the

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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

In this the parties desired the marriage

notice of this Government.

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 ana 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