Gaffney v Gaffney

JurisdictionIreland
Judgment Date11 April 1975
Date11 April 1975
Docket Number[1973. No.
CourtSupreme Court
(S.C.)
Gaffney
and
Gaffney

Dissolution - Foreign decree of divorce - Parties domiciled in Ireland - Lack of jurisdiction - Fraud - Duress -Husband remarrying - Death of husband leaving both wives surviving - Whether first wife was the lawful wife.

In 1940 the plaintiff married her husband in Ireland and she lived there with her husband and their children. In 1957 the plaintiff petitioned the High Court of Justice in England for a decree of divorce and she represented to that court that she and her husband were domiciled in England. In January, 1959, the English court granted a decree absolute dissolving the marriage. Subsequently, the plaintiff by a written agreement surrendered improvidently certain rights conferred on...

To continue reading

Request your trial
42 cases
  • M.H. v G.H.
    • Ireland
    • Supreme Court
    • 26 February 2015
    ...indeed so far the only, statutory intervention in the field of recognition of foreign divorce. Walsh J. stated in Gaffney v. Gaffney [1975] I.R. 133 that the law of recognition of foreign divorces was the common law and that neither the coming into force of the 1922 or 1937 Constitutions ha......
  • T v T
    • Ireland
    • Supreme Court
    • 1 January 1983
    ...of the order of the District Justice depended upon the husband being domiciled in England at the relevant time. Gaffney v. GaffneyIR [1975] I.R. 133 applied. 2. Per O'Higgins C.J. and Henchy J. - That the relevant time was the date of the service on the wife of notice of the filing of the p......
  • P. L. v an trd Chl raitheoir
    • Ireland
    • High Court
    • 7 April 1995
    ...EX PARTE ARIAS 1968 3 AER 279 MARRIAGE ACT 1949 S32(2) UK CLANCY V MIN FOR SOCIAL WELFARE UNREP BUDD 18.2.94 1994/1/175 GAFFNEY V GAFFNEY 1975 IR 133 DOMICILE & RECOGNITION OF FOREIGN DIVORCES ACT 1986 KEEGAN V STARDUST VICTIMS COMPENSATION TRIBUNAL 1986 IR 642 O'KEEFFE V BORD PLEANALA 1......
  • People v O'Shea
    • Ireland
    • Supreme Court
    • 1 January 1983
    ...v. Robinson [1954] I.R. 161. 14 In bonis Morelli; Vella v. Morelli [1968] I.R. 11. 15 B. v. B. [1975] I.R. 54. 16 Gaffney v. Gaffney [1975] I.R. 133. 17 The State (Hunt) v. O'Donovan [1975] I.R. 39. 18 Quinn v. Stokes [1931] I.R. 558. 19 The People (Attorney General) v. Bell [1969] I.R. 24.......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT