Non-validity of divorce
Nature: Divorce which does not legally comply with the requirements of the country where either party is resident or of which they are nationals, prevents the persons in question from legally remarrying and may cause official bigamy or alternatively cohabitation, which may jeopardize the legal rights of the couple and equally the rights of their children.
Incidence: Divorce proceedings may not take place in England and Wales during the first three years of marriage; this also applies in certain Commonwealth countries. Residence requirements may invalidate divorces obtained by non-residents (for example, in Mexico, where it is relatively easy to obtain a divorce) or by those who have not spent the statutory time in that location. If divorce is sought on the grounds of desertion there may be a time requirement (such as 3 years desertion - English law; or 1 to 5 years - USA law). Foreign divorces may only be recognized if they roughly comply with national standards.
Problem Type: F: Fuzzy exceptional problems
Date of last update 29.02.2000 – 00:00 CET