Golubovich v Golubovich

Golubovich v Golubovich

Permission to appeal is granted because it is arguable that recognition should not be refused where the foreign court was aware of the English order and there was no procedural irregularity or fraud.

Source-derived case information.

Parties
Appellant: Golubovich; Respondent: Golubovich
Jurisdiction
England and Wales
Judgment Date
21 May 2010
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
permission to appeal granted
Legal Topics
Recognition of Foreign Divorce, Public Policy Exception, Comity of Courts
Family Law Private International Law Recognition of Foreign Divorce Public Policy Exception Comity of Courts

Source-derived case record

Summary, issues, holding and outcome

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Parties

Golubovich

Appellant

Golubovich

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether an English court should refuse recognition of a foreign divorce decree pronounced in disregard of an English prohibitory order
  2. 2 Scope of the public policy exception to recognition of foreign divorces

Ratio Decidendi

Permission to appeal is granted because it is arguable that recognition should not be refused where the foreign court was aware of the English order and there was no procedural irregularity or fraud.

Court Disposition

permission to appeal granted

Orders

  • Application for permission to appeal granted