N v N [1999] EWHC Fam 838 (01 July 1999)

N v N [1999] EWHC Fam 838 (01 July 1999)

The English court does not have jurisdiction to specifically enforce an ante-nuptial agreement or a court order compelling a spouse to obtain a Get, nor can it grant the relief sought by the wife; such agreements are not specifically enforceable as a matter of public policy, and the court's powers are limited to...

Source-derived case information.

Citation
[1999] EWHC Fam 838
Parties
Wife: N.; Husband: N.
Jurisdiction
England and Wales
Judgment Date
01 July 1999
Procedural Posture
Family Law (divorce/ancillary Relief/children) / Post Divorce, Application for Specific Relief (summons)
Outcome
Application dismissed for want of jurisdiction.
Legal Topics
Enforceability of Ante Nuptial Agreements, Jurisdiction Over Religious Divorce (get), Children Act Proceedings, Specific Performance, Public Policy and Marriage Contracts
Family Law Contract Law Religious Law Enforceability of Ante Nuptial Agreements Jurisdiction Over Religious Divorce (get) Children Act Proceedings Specific Performance Public Policy and Marriage Contracts

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Parties

N.

Wife

N.

Husband

Procedural Posture

Family Law (divorce/ancillary Relief/children) / Post Divorce, Application for Specific Relief (summons)

Legal Issues

  1. 1 Whether the English court has jurisdiction to compel a spouse to obtain a Get (Jewish religious divorce)
  2. 2 Whether ante-nuptial agreements or specific clauses therein are specifically enforceable
  3. 3 Whether a court order or agreement to obtain a Get is enforceable by injunction or other means

Ratio Decidendi

The English court does not have jurisdiction to specifically enforce an ante-nuptial agreement or a court order compelling a spouse to obtain a Get, nor can it grant the relief sought by the wife; such agreements are not specifically enforceable as a matter of public policy, and the court's powers are limited to those conferred by statute.

Court Disposition

Application dismissed for want of jurisdiction.