WHAT'S THE TIME LIMIT TO NULLIFY STATS DECLARATION.
November 6 2000 at 5:59 PM
Confused
What is the time limit to nullify the stats declaration in PNG. Is stats declaration a legal paper in similar to the certificate of registry of marriage. Please advise.
What are the benefits legal rights compare to a legal registered marriage. What liabilities can the woman seek from the man for the nullification of the relationship. What are the man rights as well from such relationship.
Legal marriage maybe entitles you to compensation settlement under district/national courts if you get divorced and need child support. That's the only thing I can think of. Otherwise, you'll have to get any compensation through village court which goes by unwritten customary law only. But maybe that's not such a bad idea.
I'm SUUUURRREEE someone else out there has a bit more information.......
No No No
A stat dec does not take the place of a registered marriage document. Stat decs are sometimes used by people to acknowledge a defacto or customary marriage exists. However PNG does not currently recognise defacto relationships as marriage under law. This is why women in particular in defacto relationships need to properly protect themselves by going to the registry office and getting a marriage that is recognised under law. Customary marriages in many provinces can also be registered under local courts. Customary marriage is complex and nullifying marriages in some cases impossible. Read your marriage act, it is all there in black and white.
You have raised very complex matrimonial issues in your plea for help.
Firstly, there is no time limit on a statutory declaration form.I am not sure I understand you correctly, but statutory declaration forms have been abused over the years - people now tend to use for a variety of reasons. However, it is and was never meant to be a marriage certificate if that is what you mean.
Secondly, in respect of your query whether it is legal - the straight answer is yes, it is a legal document. However it does not have the same legal force and effect as that of a certificate evidencing formal marriage.
Now to the substantive issues raised. Before I discuss those issues let me say at the beginning that there are 2 types of marriages recognized by law in PNG - Customary and Part V/Statutory Marriage.
Depending on which marriage one comes under, the rights and liabilities are often different and one will find that the rights endowed on a spouse in a Part V marriage is far more better then those available under customary marriage. The associated and incidental issues of separation, divorce, property settlement, alimony, wills and probate issues and custody of children are very complex issues which have varying application depending on the type of marriage. For instances a woman under customary marriage cannot claim maintenance for herself but for her children whilst a woman in a Part V marriage can claim maintenance for herself as well as the kids, if any.
Besides dissolution of marriage can be as simple as returning of the bride price and decided in a "kangaroo court" and certified by the Local Court (customary marriage) to complex litigation involving thousands of kina in the national court (part V).
I am unable to specifically point out in a "shopping list" fashion the rights and liabilities of spouses in a relationship having the status of marriage at this stage but pleas do contact me on my e-mail and I will be more then happy to help you out. Remember, its free legal advice (without admission of liability for any inaccuracies in the statement if the law.