DIVORCE: H v H (Queen's Proctor Intervening) (Validity of Japanese Divorce) [2006] EWHC 2989 (Fam)

14 SEP 2006

(Family Division; Stephen Wildblood QC; 14 September 2006)

Kyogi rikon, the most common form of Japanese divorce, was to be recognised in the English court as a valid divorce obtained by mean of proceedings" for the purposes of s 46(1) of the Family Law Act 1986. Although kyogi rikon was a divorce by agreement, it was only effective on registration in accordance with Japanese law; registration was formative of (and essential to) the divorce, not simply probative of the divorce.

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