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 her by the order of the English court. The husband married the defendant in April, 1959, and died intestate in 1972. In 1973 the plaintiff claimed in the High Court in Ireland a declaration that she was the lawful wife of the husband at the date of his death. At the hearing of the action the plaintiff adduced evidence to establish that she and her husband were domiciled in Ireland at the time of the divorce proceedings, that she had never wanted a divorce, and that she had acted under duress imposed by the husband at all material times. Held by Kenny J., in making the declaration sought by the plaintiff, 1, that only the court of domicil of a husband and wife could have jurisdiction to dissolve their marriage by a decree of divorce a vinculo matrimonii.Bank of Ireland v. CaffinIR [1971] I.R. 123 considered. 2. That the Court was entitled to investigate the relevant circumstances so as to discover whether the English court had jurisdiction to grant a divorce. Pemberton v. HughesELR[1899] 1 Ch. 781 and Shaw v. GouldELR, L.R. 3 H.L. 55 considered. 3. That the plaintiff and her husband had...

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43 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......
  • Irish Shell Ltd v Elm Motors Ltd
    • Ireland
    • Supreme Court
    • 1 January 1984
    ...Industry (No. 2) [1983] I.R. 88. 20 Educational Company of Ireland Ltd. v. Fitzpatrick (No. 2) [1961] I.R. 345. 21 Gaffney v. Gaffney [1975] I.R. 133. 22 Exham v. Beamish [1939] I.R. 336. 23 Boylan v. Dublin Corporation [1949] I.R. 60. 24 Minister for Finance v. O'Brien [1949] I.R. 91. 25 A......
  • W v W
    • Ireland
    • Supreme Court
    • 1 January 1993
    ...RECOGNITION OF FOREIGN DIVORCES ACT 1986 MAYO PERROTT V MAYO PERROTT 1958 IR 336 BANK OF IRELAND V CAFFIN 1971 IR 123 GAFFNEY V GAFFNEY 1975 IR 133 MURPHY V AG 1982 IR 241 CONSTITUTION ART 50 D (K E) ORSE C V C (M) 1985 IR 697 DOMICILE & RECOGNITION OF FOREIGN DIVORCES ACT 1986 S5(1) D......
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1 books & journal articles
  • Around The World In 80 Days: From The Altar To The Courtroom
    • Ireland
    • Cork Online Law Review No. 5-2006, January 2006
    • 1 January 2006
    ...Act would take put people’s fears to rest and the electorate were well informed before a second referendum took place. 11[1985] IR 336. 12[1975] IR 133. ! ∀∃ Cork Online Law Review 2006 3 Lynch, Around the World in 80 Days: from the Altar to the Courtroom ! These old common law rules encaps......

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