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International Private Law > Divorce > Flashcards

Flashcards in Divorce Deck (10):

Relevant legislation?

In UK:
- Domicile and Matrimonial Proceedings Act 1973

In EU:
- Brussels II bis Regulation

Outwith EU/UK
- Family Law Act 1966


L-K v K

- habitual residence does not consider length of time
- based on centre of interests
- where person is established


Marinos v Marinos

- person cannot have habitual residence in more than one country
- Greece or England
- clear at time of proceedings, she was not habitually resident in Eng at time


De Dampierre v De Dampierre

- divorce proceedings raised in France and NYC
- financial consequences of where action heard was not determinant
- husband applied for wife's case to be stayed
- on balance of fairness, court should apply forum
- France was natural forum for dipsute

- proceedings should be stayed if other tribunal, competent jurisdiction, in which case may be tried more suitably for the interests of the parties and for the ends of justice


Singh v Singh

- marraige entered under duress in India
- capacity governed by antenupital domicile of party: consent should be same law
- fact that marriage was celebrated in India did not affect jurisdiction
- Sco law applied
- mother's threats serious nature: marriage annulled


Quazi v Quazi

- talaq divorce
- on appeal held that other proceedings apply to any proceedings officially recognised by country
- talaq divorce was a valid divorce by other proceedings


Chaudhary v Chaudhary

- talaq divorce
- Eng Court of Appeal held that mere declaration of divorce by husband did not amount to proceedings
- not relevant that divorce would have been recognised under Kashmir law


Tahir v Tahir

- action raised in Sco to annul divorce obtained in Pakistan
- argued that it was done to frustrate procedure
- Held: not contrary to public policy
- motive for obtaining divorce generally irrelevant under this provision


Kendall v Kendall

- divorce in Bolivia manifestly contrary to public policy in England
- deception of signing papers was power of attorney in divorce proceedings


A v L

- despite injunction in England against Russia proceedings, husband continued divorce
- both courts competent
- Russian proceedings started first
- Held: Russia divorce could be recognised