Foreign Divorce Flashcards
Mark v Mark
H and W were Nigerian nationals, had established matrimonial home in England, W overstayed her visa in the UK. Had W been habitually resident for the last 12 months? Yes, need not be lawful, court had jurisdiction.
El Fadl v El Fadl
No necessity that W have notice of Talaq for it to have effect.
Solovyev v Solovyev
Divorce obtained at Russian consulate could not be recognised under English law because under FLA 1986 events culminating in divorce occured in London and divorce was therefore obtained in the UK.
Ivleva v Yates
W initiated divorce in Ukraine, H in UK. W gave Ukrainian court incorrect information that H could not be found, did not convey him information. Ukrainian court not informed of UK proceedings. Ultimately no disadvantage to H of recognising foreign divorce, they were to be divorced anyway.
Dukali v Lamrani
Marriage conducted at Moroccan consulate didn’t adhere to formalities, W filed for divorce in UK, H in Morocco. Held - marriage was non-existent under 1984 Act, could not apply for financial relief.
Sharbatly v Shagroon
Approving Dukali, H appealed against W’s application for relief under 1984 Act, no valid UK marriage. W’s divorce petitions amended to nullity petition, financial settlement reached.
Berkovits
Transnational divorce by “Get”, written in London and delivered to wife in Israel. According to s46(1) divorce must be recognised in country in which it was obtained. Was recognised in Israel but not UK, must be valid in both places.
Quazi
Talaq recognised under 1971 Act, no capacity for wife to then start divorce proceedings.
A v L
Non-recognition of divorce due to lack of notice and involvement, but not dishonesty or deceit.
Golubvich v Golubvich
Husband invented Russian divorce decree and obtained one despite UK injunction, still recognised, Russian court were aware of UK order.
Agbaje v Agbaje
Overseas divorce, financial provision under 1984 Act? Disparity of outcome not enough, need not be hardship or injustice, nor exceptionality. Primary consideration is children, UK award is ceiling, meet spouses’ reasonable needs.
Chaudhary
For talaq divorces, requirement of some involvement of a state official that is more than merely probative - requires a degree of formality, bare talaq would not suffice.
