Olafisoye v Olafisoye

Olafisoye v Olafisoye

Recognition of the Nigerian divorce is refused because the husband failed to take reasonable steps to give notice of the proceedings to the wife, thereby depriving her of a fair opportunity to participate and apply for remedies in England or Nigeria. The procedural deficiencies and deliberate concealment justify refusal of recognition under section 51(3)(a)(i) of the Family Law Act 1986.

Parties
Husband: Chief Adebiyi Olafisoye; Wife: Mrs Olafisoye
Jurisdiction
England and Wales
Judgment Date
28 July 2010
Procedural Posture
Divorce Petition / Judgment on Recognition of Foreign Divorce
Outcome
Recognition of the Nigerian divorce is refused; the marriage is still subsisting under English law.
Legal Topics
Recognition of Foreign Divorce, Service of Process, Public Policy, Procedural Fairness
Family Law Private International Law Recognition of Foreign Divorce Service of Process Public Policy Procedural Fairness

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Parties

Chief Adebiyi Olafisoye

Husband

Mrs Olafisoye

Wife

Procedural Posture

Divorce Petition / Judgment on Recognition of Foreign Divorce

Legal Issues

  1. 1 Whether the Nigerian divorce granted on 20th June 2005 should be recognised in England and Wales under the Family Law Act 1986
  2. 2 Whether proper notice of proceedings was given to the wife
  3. 3 Whether recognition would be manifestly contrary to public policy

Ratio Decidendi

Recognition of the Nigerian divorce is refused because the husband failed to take reasonable steps to give notice of the proceedings to the wife, thereby depriving her of a fair opportunity to participate and apply for remedies in England or Nigeria. The procedural deficiencies and deliberate concealment justify refusal of recognition under section 51(3)(a)(i) of the Family Law Act 1986.

Court Disposition

Recognition of the Nigerian divorce is refused; the marriage is still subsisting under English law.

Orders

  • Recognition of the validity of the divorce granted by the Grade A Customary Court Apapa Lagos State of Nigeria on 20th June 2005 in suit number APCC/HD/03C/05 is refused.
  • The marriage described in the English petition issued on 17th May 2005 is still subsisting in the eyes of English law.