19 July 2010

(Court of Appeal; Lord Neuberger MR, Thorpe and Etherton LJJ; 13 July 2010)

The wealthy husband and wife lived in London following their marriage. When the marriage broke down they both filed for divorce in Moscow and London respectively. The husband allegedly forged a decree of divorce which was later annulled. However, despite this, the Russian court still granted the divorce. The English judge declined to recognise the Moscow dissolution.  

Allowing the appeal, the Court of Appeal held that in the absence of any treaty with this jurisdiction, the judge should have respected the Russian court by recognising the divorce decree. Lord Justice Thorpe also set out guidance for international judges to communicate directly and stated that the benefits of cross-border judicial collaboration are not confined to children's cases.

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