RECOGNITION OF FOREIGN DIVORCE AND NULLITY DECREES

Abstract

To judge the soundness of the common law approach to recognition of foreign judgments in general, the author examines its application to a specific problem: divorce and nullity decrees. He begins with an exploration into whether the present basis for recognition is sound reasoning when applied to judgments affecting a person’s status. After analysing that question, he surveys the general rules affecting recognition of foreign divorces and, subsequently, certain aspects of special problems posed by the fact that any rules for the international recognition of foreign divorces must take account of non-judicial divorces, ex parte divorces and dissolutions of polygamous marriages. Finally, he summarizes the approach to and problems regarding nullity decrees, highlighting the similarities to divorce issues.