Yordanova v Iordanov

Yordanova v Iordanov

The judge's factual finding that the wife did not understand the power of attorney and lacked proper notice justified refusal of recognition of the Bulgarian divorce decree on public policy grounds under Article 22 of Brussels II Bis.

Source-derived case information.

Parties
Appellant: Iordanov; Respondent: Yordanova
Jurisdiction
England and Wales
Judgment Date
10 April 2013
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
permission to appeal refused
Legal Topics
Recognition of Foreign Divorce Decree, Public Policy Exception, Brussels II Bis, Service and Notice Requirements
Family Law Private International Law Recognition of Foreign Divorce Decree Public Policy Exception Brussels II Bis Service and Notice Requirements

Source-derived case record

Summary, issues, holding and outcome

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Parties

Iordanov

Appellant

Yordanova

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the Bulgarian divorce decree should be recognised in England under Brussels II Bis
  2. 2 Whether refusal of recognition is justified on public policy grounds
  3. 3 Whether the wife had sufficient notice and opportunity to defend the Bulgarian proceedings

Ratio Decidendi

The judge's factual finding that the wife did not understand the power of attorney and lacked proper notice justified refusal of recognition of the Bulgarian divorce decree on public policy grounds under Article 22 of Brussels II Bis.

Court Disposition

permission to appeal refused

Orders

  • application refused