Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'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...
Latest articles
Re R (Children) (Control of Court Documents) [2021] EWCA Civ 162
(Court of Appeal (Civil Division), King, Peter Jackson, Elisabeth Laing LJJ, 12 February 2021)Practice and Procedure – Disclosure of court documents – Sexual abuse findings –...
AG v VD [2021] EWFC 9
(Family Court, Cohen J, 04 February 2021) Financial Remedies – Matrimonial and Family Proceedings Act 1984, Part III – Russian divorceThe wife was awarded just under £6m...
Become the new General Editor of The Family Court Practice, the definitive word on family law and procedure
The Family Court Practice (‘The Red Book’) is widely acknowledged as the leading court reference work for all family practitioners and the judiciary. We are currently recruiting a...
SCTS releases new simplified divorce and dissolution forms for Scotland
The Scottish Courts and Tribunals Service (SCTS) has released new simplified divorce and dissolution forms of application. As a result of legislation repealing Council Regulation EC 2201/2003, the...
Welsh Government launches consultation on amendments to adoption regulations
The Welsh Government has launched a consultation on the proposed amendments to the Adoption Agencies (Wales) Regulations 2005 and the Care Planning, Placement and Case Review (Wales) Regulations 2015....
View all articles

DIVORCE: Sharbatly v Shagroon [2012] EWCA Civ 1507

Sep 29, 2018, 18:34 PM
Slug : divorce-sharbatly-v-shagroon-2012-ewca-civ-1507
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Nov 27, 2012, 05:57 AM
Article ID : 101013

(Court of Appeal, Thorpe, Black LJJ, Hedley J, 21 November 2012)

The husband and wife went through a ceremony in London which purported to be an Islamic marriage ceremony. None of the formalities of the Marriage Acts were complied with. The husband was already married. When the relationship broke down the parties came to a financial agreement and the wife issued an application under Part III of the Matrimonial and Family proceedings Act 1984 which was adjourned and not to be activated unless the husband fell into breach of the agreement.

The husband pronounced talaq and when a heated dispute arose surrounding the financial agreement the wife sought to activate her application. The judge held that it was the validity of the divorce or annulment which was the crucial issue not the validity of the marriage and, therefore, the wife was entitled to make an application under the 1984 Act. The husband appealed.

The judge had not had the benefit of the judgment in Dukali v Lamrani [2012] EWHC 1748 (Fam) [2012] 2 FLR 1099, as it had only been decided a few days prior to this hearing. The judge had erred and in order for the wife to make an application the foreign divorce had to be based on a marriage validly recognised under English law. That could not be argued in this case and, therefore, the wife could not proceed with her claim.

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