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Report No. 23

16. Provisions as to reciprocity.-

Section 34(c) of the Australian Act authorises the Governor-General to make regulations providing for the recognition in Australia of marriages solemnised under a law in force outside Australia if that law contains a provision recognising a marriage solemnised under the Australian Act. In our opinion, this provision for the recognition of foreign marriages under a reciprocity of arrangements is a very useful one, as that will secure, for marriages performed under our Act, recognition abroad. This device has been already adopted in giving recognition to foreign judgments. More recently, the decisions of the English Courts have followed it in recognising foreign decrees of divorce.1 We recommended that a provision similar to section 34(c) of the Australian Act be made in the proposed legislation.2

1. See Dicey Conflict of Laws (7th Edn.), p. 317, rule 43, Exception 2, and Travers v. Holley, (1953) Probate 246 (CA); Arnold v. Arnold, (1957) Probate 237.

2. See App I, clause 23.

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