The court was asked as to the operation of section 10 of the 1984 Act where the marriage had been dissolved abroad. W had obtained an order under the 1984 Act though the parties had divorced in Nigeria.
Held: Leave was granted and the Husband’s appeal allowed. Section 16 was to be used purposively,and a court should look to all the circumstances to test whether it was appropriate before making an order. The Act was intended to be used to relieve hardship. Nevertheless, the court must have regard to comity between courts in different jurisdictions.
Ward LJ, Longmore LJ, Jackson LJ
[2009] EWCA Civ 1, [2009] 1 FCR 411, [2009] 1 FLR 987, [2009] 3 WLR 835, [2009] Fam Law 383, [2009] WLR (D) 11
Bailii
Matrimonial and Family Proceedings Act 1984
England and Wales
Citing:
Leave – Akinnoye-Agbaje v Akinnoye-Agbaje CA 15-Jun-2007
Renewed application for leave to appeal against order made under 1984 Act. . .
Cited by:
Appeal from – 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: 20 December 2021; Ref: scu.280051