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.

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