The Gazette 1976

GAZETTE

JUNE/JULY 1976

marriage is void on the grounds of an invalid ceremony, prohibited degree of relationship or prior existing mar- riage. The doctrine of approbation and ratification should be codified and formulated appropriately. It recommends also that where the marriage is null and void on the grounds of invalid ceremony, prohibited degree of relationship or prior existing marriage, the Court should be free to declare the marriage null and void at any time notwithstanding the death of one or both parties. No time limit should be imposed for the institution of proceedings for a nullity decree. Recommending that a child born of an annulled mar- riage should be treated as a legitimate issue of its parents, the document points out that the present posi- tion here is that such children are illegitimate. In Eng- land and under Ecclesiastical Law at present adminis- tered in Ireland, the situation is different. "The present situation obviously works unjustly in relation to children of an annulled marriage and should be changed." Other recommendations made are as follows: 1. The new legislation should apply to all marriages, not merely to those entered into after the passing of the Act; 2. A power to make ancillary orders to a nullity decree should be conferred on the Courts. These orders would include a power to appoint a person to be a guardian for the children of an annulled marriage and a power to make orders relating to the property of parties to an annulled marriage and their rights under settlements, as well as children's rights which could arise under the Succession Act; 3. A decree of annulment or a declaration of annul- ment will be required before a marriage can be treated as null and void; 4 Only parties to the marriage should bring proceed- ings for its annulment in cases where the decree is

sought on grounds of incapacity to consummate, lack of age, lack of consent and mental disorder. Otherwise a person with a "sufficient interest" can petition for a decree; 5. Present Court procedures should be simplified. A re- view for this purpose should be undertaken by the Rules Committee of the Superior Courts. 6. The doctrine of collusion should be clarified so as to provide that an agreement by virtue of which false evidence or relevant evidence is not disclosed is a pun- ishable offence, but that no other agreement or under- standing relating to the proceedings should be a bar to them; 7. Section 13 of the Matrimonial Law (Ireland) Amend- ment Act, 1870, should be repealed (this section en- joins the Court to follow the principles and rules on which the Ecclesiastical Courts have acted in regard to nullity); 8. The Courts should have jurisdiction to pronounce a decree of Nullity when either of the parties is domiciled in Ireland, when both parties are resident in Ireland, or when the marriage was celebrated in Ireland. The Courts should have jurisdiction in cases where a wife has been deserted by her husband and he has left the jurisdiction. A study as to the law applicable when a foreign element is present in a nullity suit should be undertaken. Family courts The Attorney-General also pointed out that the whole question of Civil Legal Aid was being examined at the moment, and was obviously relevant to the application of new nullity legislation. He also pointed out that the whole question of Family Courts was clearly going to arise. The discussion paper is available from the Govern- ment Publications Sale Office, GPO Arcade, Dublin 1, or any bookseller, price 40p.

Mr. Bruce St. John Blake, Senior Vice-President of the Incorporated Law Society has been asked by the Society's Parliamentary Committee to undertake an examination of the position in light of the White Paper. Mr. Blake will welcome eomments from members of the profession.

IRISH SOCIETY FOR THE STUDY AND PRACTICE OF EUROPEAN LAW A one-day Seminar being organised by the Irish Society for the Study and Practice of European Law will be held on Saturday, 16th October, 1976, in the Library of the Incorporated Law Society of Ireland, Solicitors' Buildings, Four Courts, Dublin 7. The themes of the Seminar are Recent Developments in Competition Policy in the European Communities, and Equality of pay and opportunity in the European Com- munities, and speakers will be Mr. John Temple Lang, and Mile. Marie-Jose Jonczy, Legal Service of the E.E C. Commission, Mr. Finbarr Mu r phy, Lecturer in European Law, U.C.D.. and Mr. Gerald FitzGerald, Solicitor, Brussels. The Registration Fee is £3.00 Application forms are available from Hugh M. Fitz- patrick, Hon. Secretary, I.S.S.P.E.L., 50 Fitzwilliam Square, Dublin 2, and should be returned with the Registration Fee by Friday, 8th October. 1976.

COUNCIL OF EUROPE—STUDY VISITS ABROAD A Scheme, drawn up by the Council of Europe, exists to promote study visits abroad by lawyers from Mem- ber States of the Council. Under Article 7.2 of this scheme, applications may be made to the Secretariat of the Council for financial assistance towards the cost of visits. Further information, and application forms for assistance towards organising or financing study visits in accordance with the scheme are available on request from the Secretariat of the Dept. of Justice, 72-76, St. Stephen's Green, Dublin 2. Completed forms should reach the Department not later than 27th September, 1976. PRESENTAT I ON OF PARCHMENTS The following name was omitted from the list (June/ July Gazette) of those who received parchments in June, 1976 - Catherine O'Doherty, Malin Road, Carndonagh, Co. Donegal. 127