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12 DEC 2007

DIVORCE: H v H [2007] EWHC 2945 (Fam)

(Family Division; Sumner J; 12 December 2007)

A Pakistani talaq divorce that involved notice being given to the relevant chairman of the Union Council amounted to proceedings for the purpose of Family Law Act 1986, s 46(1). Although a unilateral process that might offend English sensibilities, the talaq divorce would be recognised; it was important that marriages and divorces recognised in one country be recognised in another. The wife, although domiciled in England, had been born, brought up and married in Pakistan to someone of the same background. The wife was not entitled to an English divorce but did have a valid financial claim under Matrimonial and Family Proceedings Act 1984, Pt III.

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