H v S [2011] EWHC B23 (Fam) (18 November 2011)

H v S [2011] EWHC B23 (Fam) (18 November 2011)

The Saudi Talaq divorce, as performed in this case, involved not only the pronouncement of Talaq but also the husband's appearance before the Sharia Court for a Deed of Confirmation and compulsory civil registration under penalty of law. This process constitutes 'other proceedings' within the meaning of s46(1) Family Law Act 1986. The divorce is therefore entitled to recognition in England and Wales.

Citation
[2011] EWHC B23 (Fam)
Parties
Petitioner: Petitioner (Wife); Respondent: Respondent (Husband)
Jurisdiction
England and Wales
Judgment Date
18 November 2011
Procedural Posture
Divorce Recognition and Ancillary Relief / Reserved Judgment on Recognition of Foreign Divorce
Outcome
Saudi Talaq divorce recognised as a proceedings divorce under s46(1) Family Law Act 1986.
Legal Topics
Recognition of Foreign Divorces, Islamic Law (talaq), Matrimonial and Family Proceedings Act 1984, Family Law Act 1986, Habitual Residence, Domicile
Family Law Private International Law Recognition of Foreign Divorces Islamic Law (talaq) Matrimonial and Family Proceedings Act 1984 Family Law Act 1986 Habitual Residence Domicile

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Parties

Petitioner (Wife)

Petitioner

Respondent (Husband)

Respondent

Procedural Posture

Divorce Recognition and Ancillary Relief / Reserved Judgment on Recognition of Foreign Divorce

Legal Issues

  1. 1 Whether a Saudi Talaq divorce, pronounced and registered in Jeddah, qualifies as a 'proceedings divorce' under s46(1) Family Law Act 1986 and is entitled to recognition in England and Wales.

Ratio Decidendi

The Saudi Talaq divorce, as performed in this case, involved not only the pronouncement of Talaq but also the husband's appearance before the Sharia Court for a Deed of Confirmation and compulsory civil registration under penalty of law. This process constitutes 'other proceedings' within the meaning of s46(1) Family Law Act 1986. The divorce is therefore entitled to recognition in England and Wales.

Court Disposition

Saudi Talaq divorce recognised as a proceedings divorce under s46(1) Family Law Act 1986.

Orders

  • The Saudi divorce is recognised in this jurisdiction; the wife's fresh petition is disqualified.