A v L

A v L

The English court refused to recognise the Egyptian divorce because the wife had no proper notice or opportunity to participate in the Egyptian proceedings, which were pursued in breach of an English court order. The court found the wife's allegations of unreasonable behaviour proved and granted her a decree nisi.

Parties
Petitioner: A; Respondent: L
Jurisdiction
England and Wales
Judgment Date
11 March 2010
Procedural Posture
Divorce Petition and Ancillary Relief / Judgment After Defended Trial
Outcome
Decree nisi granted to the wife; Egyptian divorce not recognised.
Legal Topics
Divorce, Recognition of Foreign Divorces, Jurisdiction, Ancillary Relief, Unreasonable Behaviour
Family Law Private International Law Divorce Recognition of Foreign Divorces Jurisdiction Ancillary Relief Unreasonable Behaviour

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Parties

A

Petitioner

L

Respondent

Procedural Posture

Divorce Petition and Ancillary Relief / Judgment After Defended Trial

Legal Issues

  1. 1 Whether the English court should recognise an Egyptian divorce judgment under the Family Law Act 1986
  2. 2 Whether the wife is entitled to a decree nisi on grounds of the husband's unreasonable behaviour

Ratio Decidendi

The English court refused to recognise the Egyptian divorce because the wife had no proper notice or opportunity to participate in the Egyptian proceedings, which were pursued in breach of an English court order. The court found the wife's allegations of unreasonable behaviour proved and granted her a decree nisi.

Court Disposition

Decree nisi granted to the wife; Egyptian divorce not recognised.

Orders

  • Decree nisi of divorce granted to the wife on grounds of unreasonable behaviour.
  • Ancillary relief proceedings to proceed; directions for exchange of information and property valuation given.