Makouipour v Makouipour [1966] ScotCS CSOH_3 (15 December 1966)

Makouipour v Makouipour [1966] ScotCS CSOH_3 (15 December 1966)

A divorce obtained in Iran in accordance with Iranian law, recognised as valid by the court of the husband's domicile, is to be recognised as valid in Scotland, and a declarator of divorce status is appropriate in the absence of authority to the contrary and where no issue of international comity arises.

Citation
[1966] ScotCS CSOH_3
Parties
Pursuer: Makouipour; Defender: Makouipour
Jurisdiction
Scotland
Judgment Date
15 December 1966
Procedural Posture
Family Law Declarator of Divorce Status / Undefended Proof Before the Outer House
Outcome
Declarator granted; pursuer recognised as divorced woman by law of Scotland.
Legal Topics
Recognition of Foreign Divorces, Domicile and Divorce, Declarator of Status
Family Law Private International Law Recognition of Foreign Divorces Domicile and Divorce Declarator of Status

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Parties

Makouipour

Pursuer

Makouipour

Defender

Procedural Posture

Family Law Declarator of Divorce Status / Undefended Proof Before the Outer House

Legal Issues

  1. 1 Whether a divorce obtained in Iran according to Iranian law is to be recognised as valid in Scotland
  2. 2 Whether a declarator of divorce status should be granted where the foreign divorce is recognised by the law of the husband's domicile

Ratio Decidendi

A divorce obtained in Iran in accordance with Iranian law, recognised as valid by the court of the husband's domicile, is to be recognised as valid in Scotland, and a declarator of divorce status is appropriate in the absence of authority to the contrary and where no issue of international comity arises.

Court Disposition

Declarator granted; pursuer recognised as divorced woman by law of Scotland.

Orders

  • Declarator of divorce status pronounced in favour of pursuer.