Ivleva v Yates

Marriage – Validity. The Both parties married in both the Ukraine and the United Kingdom. The marriage ran into difficulties and the wife obtained a divorce in the Ukraine in respect of her marriage. The husband applied for a divorce in the English courts and the English court certified that the husband was entitled to a decree of divorce but stayed subject to the outcome of the wife's proceedings in the Ukraine. When the parties came before the court, the Family Division held that recognition of the default judgment of Ukrainian divorce would be refused. The marriage between these parties was accordingly still subsisting under English law. The stay on the husband's petition would be lifted and remitted to the County Court for decree nisi to be pronounced at the earliest opportunity.

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