The applicant sought to invalidate a foreign divorce obtained by the respondent in Ukraine in 1998, arguing lack of notice, jurisdiction, and residency.
The respondent had since remarried and had a child.
The court considered expert evidence on Ukrainian family law and found that the foreign court had jurisdiction and the divorce was properly obtained.
Applying the Divorce Act and common law principles, the court recognized the foreign divorce, noting the applicant's unreasonable delay in challenging it and the inequity of invalidating it after the respondent's remarriage.
The application was dismissed.
