Author Topic: Ukrainian woman's divorce not recognised in UK  (Read 243 times)

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Offline Reggie

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A 2014 Case, but Interesting: http://www.marilynstowe.co.uk/2014/05/08/ukrainian-womans-divorce-not-recognised-in-uk/




A Ukrainian woman has been told her divorce from her British husband will not be recognised in the UK.

In Ivleva v Yates, the couple met in 1999 on a dating website and married in England in October of 2000.

They stayed in England for the duration of their marriage except for occasional trips to Ukraine.

Then in 2012, the 49 year old woman moved out of the family home.

Claiming frustration with the delays in proceedings in the English court, the wife filed for divorce back in Ukraine.

The High Court heard that the wife claimed she could not contact her husband while petitioning for divorce in Ukraine.

As a result, the notification was carried out by ?public notice?. The latter is an announcement that certain legal proceedings are due to take place.

This particular public notice took the form of a small classified advertisement on page 15 of a small local newspaper written in Ukrainian, a language the husband does not understand.

Due to the husband not participating in the Ukrainian proceedings, the wife was granted a divorce.

Mr Justice Jackson deemed the wife did not take reasonable steps to notify the husband, noting that there were a number of other ways she could have contacted him including email, text, via his friends, his place of work, his solicitor or the court.

The judge concluded:

?t would have cost [the wife] nothing in time or money to have given the husband information about the Ukrainian proceedings at a time when it might have been of use to him. Instead, she trailed her coat by giving information that she intended to start Ukrainian proceedings, but only provided information after it was realistically too late for the husband to do anything about it.?

He added:

?Had the Ukrainian courts known what this court knows, I respectfully doubt whether it would have authorised service by advertisement as its first option, particularly as the husband had no chance whatever of coming across the advertisement.?

Mr Justice Jackson pointed out that his conclusion was in line with previous decisions made by the High Court in cases like this, specifically citing Macalpine v Macalpine [1958], when the judge refused to recognise an American divorce obtained by a man without notifying his wife.


Quote
FROM THE ACTUAL UK COURT ORDER: "W was of the view that she did not in fact have to mention the Ukrainian proceedings at all and said that she had not provided H with documentation because he had "never asked".

72. I acknowledge that the consequences of recognition might not be heavily disadvantageous to husband, but it is not possible to be sure of this.  One cannot know what he might have achieved had he been given the information to which he was entitled.

...

74. I therefore, and with full respect to the Ukrainian court, refuse recognition of the default judgment of divorce granted on 9 October 2013 ...

http://www.familylawweek.co.uk/site.aspx?i=ed128253


Good judge.  Sometimes they let these kinds of things slide, but he sensed something not right about this.  Formalities are in place for a reason.
« Last Edit: 20:05 08-Mar-2018 by Reggie »

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Offline Reggie

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Re: Ukrainian woman's divorce not recognised in UK
« Reply #1 on: 20:08 08-Mar-2018 »


And here's the reason for all of this:

"An internet bride who made her fortune in the UK after marrying a cash-strapped Briton is now battling him over her money in the divorce courts.

Ukranian Marina Ivleva left her home in the Crimea in 1999 after meeting and marrying tow-truck driver John Yates through a dating site.

The average annual wage in the Crimea is not much more than ?2,000, but the 49-year-old rose to be a senior administrator at Leicester's de Montford University and became a much bigger earner than her British husband during their 12-year relationship.
Before they split in 2012, she had amassed assets which Mr Yates values at close to ?300,000.

But 59-year-old Mr Yates, who now lives in a council house and says he has been left almost penniless, claims he is entitled to half of everything."

https://www.telegraph.co.uk/news/uknews/law-and-order/11265924/Ukranian-internet-bride-in-divorce-cash-fight-with-cash-strapped-truck-driver.html
🇺🇸   Life would be tragic if it weren't funny.  🇺🇸