Gaffney v Gaffney

• Jurisdiction: Ireland
• Judgment Date: 11 April 1975
• Date: 11 April 1975
• Docket Number: [1973. No.
• Court: Supreme 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...