The Wife asked the court not to recognise a foreign decree of divorce, saying that it would deprive her of substantial fairness in ancillary relief.
Held: Lane J said: ‘If the courts of this country were empowered to grant ancillary relief on recognition of a foreign decree, the position would be somewhat different’ and ‘The jurisdiction of this court to grant the relief sought by the petitioner depends upon whether or not this court will recognize a decree of divorce pronounced and made absolute in a court of competent jurisdiction in . . Canada. If recognition is given to the Canadian decree, this court cannot adjudicate because there would then be no subsisting marriage to be dissolved.’
Judges:
Lane J
Citations:
[1979] Fam 93
Statutes:
Recognition of Divorces and Legal Separations Act 1971 8(2)
Cited by:
Cited – Golubovich v Golubovich CA 21-May-2010
The court was asked to rule as to the recognition of a foreign (Moscow) decree of divorce obtained in breach of an Hemain injunction. The Russian proceedings had got to a stage requiring H positively to apply to prevent the decree.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Family, International
Updated: 04 May 2022; Ref: scu.450575