Divorce problems of to-day / by E.S.P. Haynes.

  • E. S. P. Haynes
Date:
1912
Catalogue details

Licence: In copyright

Credit: Divorce problems of to-day / by E.S.P. Haynes. Source: Wellcome Collection.

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    being divorced on grounds not recognised as grounds for divorce by English law. The divorce laws of Scotland, Cape Colony, Natal, New South Wales, Victoria, and New Zealand all recognise such grounds, e.g. they all allow divorce in cases of desertion, and in one Colony simply to persons residing there. (3) The children of all persons who legitimate such children by subsequent marriage in Colonies where such legitimation is legal. (4) The children of all Englishmen domiciled in foreign countries who legiti- mate such children by subsequent marriage in countries where the law allows it. Lord Halifax made special reference to the second class above referred to in the debate. Logically, he was, I think, right to include them in the discussion.1 If the law of England can once be logically applied, it is clear that a person divorced on grounds not recognised by English law labours under the same incapacity for marriage (to another person) as prevents a woman domiciled in England from marrying i “Logically,” but not legally, because Colonial and foreign judgments are accepted as binding both in regard to law and the fact of domicil. But in India and in the Colony of Victoria divorce is granted on the ground of residence only, and English law recognises nothing but domicil.
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