The court considered the validity of a consensual form of divorce kyogi rikon in Japanese law, the most common form of divorce in Japan. The consent is by written form not judicial act but the signing must be followed by formal registration before a government official in prescribed form.
Held: The involvement of the state is not merely probative or surplusage merely proving a divorce the parties have achieved through their prior consent which of itself creates nothing. ‘No registration no divorce’ was not simply a description of the kyogi rikon but an essential element of proceedings.
Wildblood QC J deduced the following propositions: ‘(a) The power to refuse recognition should be exercised sparingly;
(b) The principle of comity is a relevant consideration;
(c) The subsection confers a residual discretion;
(d) The conduct of the parties leading up to the divorce may be a relevant factor;
(e) Motivation (such as in the exceptional circumstances of Chaudhary) may also be relevant;
(f) The consequences to the parties of a refusal of recognition may also be considered.’
Judges:
Wildblood QC J
Citations:
[2006] EWHC 2989 (Fam), [2007] 1 FLR 1318
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – H v S FD 18-Nov-2011
The court was asked whether for the purposes of English divorce and connected proceedings a Talaq pronounced by the respondent husband in Saudi Arabia and placed by Deed of Confirmation before the Sharia Court is entitled to be afforded recognition . .
Lists of cited by and citing cases may be incomplete.
Family, International
Updated: 18 May 2022; Ref: scu.450572