Decrees in multiple EU jurisdictions: Mensah v Mensah

Mensah v Mensah [2018] EWHC 484 (Fam) is an interesting recent decision pertaining to the Brussels II Regulation (BIIR) and specifically the recognition of a French divorce order.

The wife had appealed the registration of a French divorce order under Council Regulation 2201/2003 and the husband had applied for the English decrees to be set aside.

Background

The parties married in 1988 but by no later than 2011 had separated. Both parties were French nationals they had lived for at least some of the marriage in England and at the time of the breakdown of the marriage the wife was living in England.

In 2011 the wife petitioned for divorce in England and Decree Absolute was granted in 2016.

In 2012 the wife petitioned for divorce in France and a Decree of Non Conciliation was granted in 2013 and a final Decree in 2015 stated that the divorce was effective from the date of the Non Conciliation Decree.

Following the Decree of Non Conciliation the wife did not progress the proceedings in France but did write to the French Court on occasions in 2014 setting out her position that the English courts should have jurisdiction....

Read the full article here.