Source: All England Reporter
Publisher Citation: [2007] All ER (D) 71 (Jan)
Neutral Citation: [2006] EWHC 2989 (Fam)
Court: Family Division
Judge:

Stephen Wildblood QC sitting as a deputy judge of the High Court

Judgment Dates: 14 September 2006

Catchwords

Divorce - Overseas divorce - Recognition by English court - Husband and wife marrying in United Kingdom - Husband issuing nullity petition on ground wife already married in Japan - Wife alleging lawfully divorced by kyogi rikon - Husband alleging form of divorce not recognised in United Kingdom - Whether kyogi rikon amounting to divorce obtained by means of proceedings - Whether recognition should be refused on other grounds - , s 46(1), s 51(3).

The Case

The husband's petition for nullity, which alleged that his marriage was void on the ground that his wife was already lawfully married in Japan, since the form of divorce undertaken in relation to that marriage ought not to be recognised in the United Kingdom, would be dismissed. The 'kyogi rikon' was a divorce obtained by means of proceedings for the purposes of s46(1) of the . The involvement of the state was not 'simply probative'. The state did not simply prove the divorce that the parties had achieved by their prior act of consent. The consent of itself created nothing. The registration of the divorce by the state was fundamental to its effect; no registration, no divorce. There was no reason under s51(3) of the Act to refuse recognition.

Practice Areas

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