Stephens v. Falchi

Stephens v. Falchi

The French court had no jurisdiction to dissolve the marriage because both spouses were domiciled in Quebec; the Paris decree was not recognisable and the Paris marriage was null ab initio. Nonetheless, because the respondent contracted the second marriage in good faith, that marriage constituted a putative marriage under Quebec and Italian law and produced civil effects quoad property; accordingly the respondent is entitled to claim the succession benefit he would have had under Italian law (usufruct of one-third), subject to recognition of rights of the lawful husband. The appeal was dismissed and the lower courts' order for an accounting was affirmed.

Citation
[1938] SCR 354
Parties
Appellant (defendant, Executor): George Washington Stephens; Respondent (plaintiff): Luigino Gaspero Guiseppe Falchi
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
23 June 1938
Procedural Posture
Appeal (civil Family/succession) / Supreme Court of Canada Judgment on Appeal From Court of King’s Bench, Appeal Side, Province of Quebec
Outcome
Appeal dismissed; judgment of Court of King’s Bench affirmed
Legal Topics
Putative Marriage, Recognition of Foreign Divorce, Domicile, Civil Effects of Null Marriage, Jus Mariti/usufruct, Change of Nationality
Source Language
English
Family Law Conflict of Laws/private International Law Succession Law Nationality Law Putative Marriage Recognition of Foreign Divorce Domicile Civil Effects of Null Marriage +2 more

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Parties

George Washington Stephens

Appellant (defendant, Executor)

Luigino Gaspero Guiseppe Falchi

Respondent (plaintiff)

Procedural Posture

Appeal (civil Family/succession) / Supreme Court of Canada Judgment on Appeal From Court of King’s Bench, Appeal Side, Province of Quebec

Legal Issues

  1. 1 Whether a foreign (French) divorce is recognisable where both spouses were domiciled in Quebec at time of judgment
  2. 2 Whether a subsequent marriage contracted abroad was valid or null ab initio due to bigamy
  3. 3 Whether a putative marriage entered into in good faith produces civil effects quoad property including succession rights

Ratio Decidendi

The French court had no jurisdiction to dissolve the marriage because both spouses were domiciled in Quebec; the Paris decree was not recognisable and the Paris marriage was null ab initio. Nonetheless, because the respondent contracted the second marriage in good faith, that marriage constituted a putative marriage under Quebec and Italian law and produced civil effects quoad property; accordingly the respondent is entitled to claim the succession benefit he would have had under Italian law (usufruct of one-third), subject to recognition of rights of the lawful husband. The appeal was dismissed and the lower courts' order for an accounting was affirmed.

Court Disposition

Appeal dismissed; judgment of Court of King’s Bench affirmed

Orders

  • Accounting of the estate and succession directed in favour of respondent
  • Appeal dismissed with costs