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Report No. 65

7.6. Factors not affecting validity of decree.-

After the decision in Le Mesurier1 then, the principal criterion for recognition of a foreign divorce was that of domicile. If the foreign court has competence on the basis of the test of domicile, the decree passed by that court is unaffected-

(i) by the domicile or nationality of the parties at the time of the marriage2;

(ii) by the law of the place where the marriage was celebrated; or

(iii) by the fact that the act constituting the ground of divorce was committed outside the jurisdiction of that court.

With reference to proposition (i) above, it may be stated that in Harvey v. Farnie, (1882) 8 App Cas 43 for example, the English court recognised the decision of a competent foreign tribunal which dissolved the marriage of a couple domiciled within its jurisdiction at the time of institution of the proceedings. The Court ignored the point that the woman was domiciled in England at the time of the marriage.

1. Paras. 7.4 and 7.5, supra.

2. See Harvey v. Farnie, (1882) 8 App Cas 43.



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