An English court should recognise a divorce decree granted in a foreign country where there was a real and substantial connection between the petitioner for the divorce and the country exercising the jurisdiction.
Lord Wilberforce said: ‘In my opinion, it would be in accordance with the developments I have mentioned and with the trend of legislation – mainly our own but also that of other countries with similar social systems – to recognise divorces given to wives by the courts of their residence wherever a real and substantial connection is shown between the petitioner and the country, or territory, exercising jurisdiction.’
Judges:
Lord Wilberforce
Citations:
[1969] 1 AC 33
Statutes:
Law Reform (Miscellaneous Provisions) Act 1949
Jurisdiction:
England and Wales
Citing:
Appeal From – Indyka v Indyka CA 1966
The court was asked whether, and if so when, it should recognise a decree of divorce granted in a foreign jurisdiction.
Held: Diplock LJ said: ‘It is, I apprehend, a well established principle of public policy applied by English Courts that so . .
Cited by:
Cited – Agbaje v Akinnoye-Agbaje SC 10-Mar-2010
The parties had divorced in Nigeria, but the former wife now sought relief in the UK under section 10 of the 194 Act. The wife said that she lived here, but the order made in Nigeria was severely detrimental requiring her either to live here in . .
Lists of cited by and citing cases may be incomplete.
Family
Updated: 02 May 2022; Ref: scu.406665