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...
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43 cases
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M.H. v G.H.
...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......
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T v T
...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......
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People v O'Shea
...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.......
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W v W
...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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