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When is a divorce ‘obtained in’ the British Islands?

14th September 2015

Peter Black acted for a respondent in a case which considered whether a divorce certificate granted at the consulate of the Russian Federation in London amounted to a divorce ‘obtained in’ the British Islands for the purposes of section 44 (1) of the Family Law Act 1986. The Court ruled that the divorce had been obtained in the British Islands and not in ‘Russia’s centralised bureaucratic system’ as had been argued by the applicant. The judgment also considered the definition of ‘proceedings’ in relation to divorces obtained outside the British Islands.

The case is reported as Solovyev v Solovyeva [2014] EWFC 1546.

A discussion of the case and a transcript of the judgement can be found here: http://www.familylawweek.co.uk/site.aspx?i=ed129655

 

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