L.B. v H.B.

JurisdictionIreland
Judgment Date01 January 1980
Date01 January 1980
CourtHigh Court
(H.C.)
L.B
and
H.B

Foreign divorce - Decree obtained by collusion - Whether decree invalid - Whether parties domiciled in State where decree was obtained - Whether court should recognise decree - Whether dwelling shared by parties to be regarded as a family home - Whether wife entitled to maintenance from husband - Family Home Protection Act, 1976, (No. 27), s. 2.

The parties married in 1947, the wife being a British citizen and the husband a citizen of the United States of America. They lived for some years in France. By 1957 both parties decided to obtain a divorce, and a petition was obtained from the French courts in 1958. In July, 1957, the parties entered into a property settlement in which the husband agreed to pay the wife a certain sum of alimony and to provide her with a house for her life. Evidence was given that such a settlement, made before the final divorce decree, was not...

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7 cases
  • W v C
    • Ireland
    • High Court
    • 17 October 2024
    ...in the foreign Court unless they offend against our views of substantial justice. Pemberton v. Hughes [1899] 1 Ch. 781; LB v HB [1980] ILRM 257 and ( J v. J Unreported 21st December 2020 Barrett J). This principle was given statutory recognition in s.30(3) of the Family Law Act 1995 and is......
  • McG v DW (Divorce: Recognition)
    • Ireland
    • High Court
    • 14 January 1999
  • MY v AA
    • Ireland
    • High Court
    • 25 January 2017
    ...the divorce is recognised in a country where a spouse is domiciled.' Counsel for the applicant relied on the case of L.B. v. H.B. [1980] I.L.R.M. 257 where Barrington J. refused to recognise a French decree of divorce where the parties had colluded together to bring a false case before the......
  • Kd (Otherwise C) v Mc
    • Ireland
    • Supreme Court
    • 1 January 1987
    ...In the matter of E.E.L. (Infant) (1938) N.I. 56. Chard v. Chard [1956] P. 259; [1955] 2 W.L.R. 98; [1955] 3 All E.R. 721. L.B. v. H.B. [1980] I.L.R.M. 257. Le Mesurier v. Le Mesurier [1895] A.C. 517. Niboyet v. Niboyet (1878) 4 P.D. 1. Angelo v. Angelo [1968] 1 W.L.R. 401; [1967] 3 All E.R.......
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