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Randhawa v Randhawa: set aside of Decree Absolute on the finding of forged divorce document

Date:6 JUN 2022

The case of Randhawa v Randhawa (Divorce: Decree Absolute Set Aside Forgery) [2022] EWFC B7 which came before HHJ Moradifar is most definitely an interesting case and whilst the facts of this case might not represent many family situations with increasing numbers of international couples the issue of whether a divorce is valid is far more common than many think.

When a divorce will be valid

A divorce that was obtained before 31 December 2020 within the European Union whilst the UK was a member of the EU in accordance with the laws of another member state of the EU will almost always be automatically recognised in England.

If the divorce was obtained outside of the EU or was obtained after the UK left the EU the question of whether it will be recognised in England is more complicated.

If the divorce was obtained in a country which is a signatory to the 1970 Hague Divorce Recognition Convention it will be recognised.

If the divorce was obtained after the UK left the EU in a country that is...

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