AF AGAINST AF [2017] ScotSC 39 (06 July 2017)

AF AGAINST AF [2017] ScotSC 39 (06 July 2017)

The Pakistani divorce decree was obtained without such steps having been taken for giving notice of the proceedings to the pursuer as should reasonably have been taken, given the defender knew the pursuer's whereabouts in the UK and failed to ensure he was properly notified. Therefore, recognition is refused under section 51(3) of the Family Law Act 1986.

Citation
[2017] ScotSC 39
Parties
Pursuer: AF; Defender: AF
Jurisdiction
Scotland
Judgment Date
06 July 2017
Procedural Posture
Divorce Recognition / Preliminary Proof
Outcome
Refusal of recognition of foreign divorce decree
Legal Topics
Recognition of Foreign Divorce, Service of Process, Section 51 Family Law Act 1986
Family Law Private International Law Recognition of Foreign Divorce Service of Process Section 51 Family Law Act 1986

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Parties

AF

Pursuer

AF

Defender

Procedural Posture

Divorce Recognition / Preliminary Proof

Legal Issues

  1. 1 Whether the Pakistani divorce decree should be recognised in Scotland under the Family Law Act 1986
  2. 2 Whether the pursuer had sufficient notice and opportunity to participate in the foreign proceedings

Ratio Decidendi

The Pakistani divorce decree was obtained without such steps having been taken for giving notice of the proceedings to the pursuer as should reasonably have been taken, given the defender knew the pursuer's whereabouts in the UK and failed to ensure he was properly notified. Therefore, recognition is refused under section 51(3) of the Family Law Act 1986.

Court Disposition

Refusal of recognition of foreign divorce decree

Orders

  • The decree of divorce granted in Islamabad on 25 June 2013 is not recognised as valid in Scotland.
  • A hearing is assigned to address expenses and further procedure.