Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Resolution issues Brexit notes for family lawyers ahead of IP completion day
Family lawyer organisation, Resolution, has issued two joint notes to assist family lawyers in England and Wales ahead of the end of the Brexit transition/implementation period at 11 pm on 31 December...
Online filing is real-time on New Year's Eve: practice direction change to accommodate EU withdrawal arrangements
I have heard that there will be an amendment to the relevant practice directions to provide that online applications received on New Year’s Eve after 4:30 PM and before 11:00 PM will count as...
Northamptonshire Healthcare NHS Foundation Trust v AB
The issue in this case concerned AB’s capacity to make specific decisions about treatment relating to her anorexia nervosa. She was 28 years old and had suffered with anorexia since the age of...
EU laws continue until at least 2038 and beyond
The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1...
Remote hearings in family proceedings – how is justice perceived?
The motion for the recent Kingsley Napley debate:  “This House believes remote hearings are not remotely fair” was carried with a fairly balanced 56% in favour and 44% against....
View all articles
Authors

DIVORCE: D v D (Nature of Recognition of Overseas Divorce) [2005] EWHC 3342 (Fam)

Sep 29, 2018, 17:23 PM
Slug : d-v-d-nature-of-recognition-of-overseas-divorce-2005-ewhc-3342-fam
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Dec 15, 2005, 10:52 AM
Article ID : 86317

(Family Division; Bodey J; 15 December 2005) [2006] FLR (forthcoming)

The couple were married in England, and then went through a separate marriage ceremony in Greece (at the time Greek law would not have recognised the English marriage). The parties lived in Greece, and were later divorced there; following negotiations involving experienced specialist lawyers, the husband and wife signed an agreement purporting to settle all financial issues. As a result of concerns that Greek law did not recognise the original English marriage, and did not purport to dissolve it, Greek lawyers advised the husband to check the legal position in England. His original English lawyer advised issuing a divorce petition in England; eventually a district judge was persuaded to proceed with the divorce on the basis that the parties were in agreement. Immediately prior to the decree absolute, the wife launched a claim for ancillary relief.

Under Brussels 2, the English court must recognise the Greek divorce and should have declined jurisdiction as being second seised. In English law there was only one marital status created by a valid marriage recognised by English law, and if that marital status were put to an end by an overseas court in circumstances where the overseas divorce was recognised here, then the effect was to terminate the marriage tie for all purposes, not only there but also in this jurisdiction. The wife would not be given leave to apply for financial relief, notwithstanding that she had not had full disclosure of the husband's assets; as it was more likely than not that she would ultimately be held to the finality of the Greek agreement.

Categories :
  • Archive
  • Judgments
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from