Sulaiman v Juffali
| Jurisdiction | England & Wales |
| Judgment Date | 09 November 2001 |
| Date | 09 November 2001 |
| Court | Family Division |
FAMILY DIVISION
Before Mr Justice Munby
Divorce - other than by proceedings in a court of civil jurisdiction - not recognised - Talaq - Family Law Act 1986 Part 2 & Section 44 -45
A bare talaq pronounced in England between Saudi nationals did not operate to dissolve the marriage as divorces obtained in the United Kingdom other than by proceedings in a court of civil jurisdiction were not recognised so held in a reserved judgment in the Family Division on November 9, 2001 when, inter alia, granting the wife's application for summary determination whether the pronouncement, in England, of a bare talaq by the husband was entitled to recognition under Part II of the Family Law Act 1986 as validly dissolving the marriage.
HIS LORDSHIP said that the crucial question was whether the talaq pronounced in England on June 23, 2001 was an overseas divorce within the meaning of section 45(1) of the 1986 Act.
It was accepted that the talaq had complied with all the necessary formalities required by Sharia law in Saudi Arabia, where both parties were nationals and domiciled.
As, according to the expert evidence, its validity was not dependent upon the participation or authorisation of judicial authorities but operated to dissolve the marriage as soon as it was pronounced, the divorce had clearly been obtained in this country.
It therefore fell foul of section 44(1)(a) of the 1986 Act which provided that no divorce obtained in any part of the British Islands should be regarded as effective in any part of the...
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