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International Private Law > Divorce > Flashcards

Flashcards in Divorce Deck (10)
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1
Q

Relevant legislation?

A

In UK:
- Domicile and Matrimonial Proceedings Act 1973

In EU:
- Brussels II bis Regulation

Outwith EU/UK
- Family Law Act 1966

2
Q

L-K v K

A
  • habitual residence does not consider length of time
  • based on centre of interests
  • where person is established
3
Q

Marinos v Marinos

A
  • 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
4
Q

De Dampierre v De Dampierre

A
  • 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
5
Q

Singh v Singh

A
  • 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
6
Q

Quazi v Quazi

A
  • 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
7
Q

Chaudhary v Chaudhary

A
  • 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
8
Q

Tahir v Tahir

A
  • 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
9
Q

Kendall v Kendall

A
  • divorce in Bolivia manifestly contrary to public policy in England
  • deception of signing papers was power of attorney in divorce proceedings
10
Q

A v L

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