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Report No. 65

7.8. Ground of jurisdiction immaterial.-

Judicial decisions also made it clear1, in 1958, that recognition would be granted where facts existed which would have given English Courts jurisdiction, even though the foreign court had assumed jurisdiction and granted a decree on a ground not recognised in English Courts as a ground for divorce. Thus, when applying this rule, the English Court is not concerned with the ground on which the foreign decree was granted, but with the facts in the context whereof it was granted. The law in England on this subject is now to be found in statute2 which we shall discuss later.

1. Robinson Thod v. Robinson Thod, 1958 Probate 1.

2. English Act of 1971.

Recognition of Foreign Divorces Back

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