Radseresht v Radseresht-Spain: FD 13 Oct 2017

Applications by H for declarations that a divorce granted in 2009 in Dubai is entitled to recognition in England and Wales under s.45 of the 1986 Act, and of status under s.55 of the Act, and going with that his application to strike out the prayer in the petition brought by the respondent in this jurisdiction.
Held: The divorce should not be recognised on both grounds, both that of notice and ability to participate. As to notice, the wife had no notice at all. All she had was a Power of Attorney which she could not read or understand, a copy of which had not been provided to her. Furthermore, as to revocability inder Moslem law, the continued intention to remain married during the relevant period has been shown by W..


Cohen J


[2017] EWHC 2932 (Fam)




Family Law Act 1986 45


England and Wales


CitedDuhur-Johnson v Duhur-Johnson FD 3-May-2005
The husband sought to stay divorce proceedings commenced here by his wife, saying that they had already been divorced in Nigeria. The wife said the Nigerian proceedings should not be recognised in English law.
Held: The cases established: 1) . .
CitedLachaux v Lachaux FD 2-Mar-2017
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Lists of cited by and citing cases may be incomplete.


Updated: 01 April 2022; Ref: scu.599577