7.2 Recognition of Foreign Divorce Decision

The foreign divorce's recognition: the divorce-and-annulment decrees' cross-border effect (the status decrees' recognition the general rule (the personal status' universal respect)); the bars (the jurisdiction's defect (the divorce's jurisdictional base — the domicile/m nationality of the divorcing spouse (the forum's own test)); the bare-foreign-divorce problem (the one-party divorce (the talaq- type — the recognition's refusal where the foreign decree without the forum's standards (the fairness's test (the notice, the opportunity — the natural justice)))); the Nepali face (the foreign divorce's recognition in the courts (the practice's craft — the foreign decrees' acceptance where the standards met (the Code 2074's faces))); the matrimonial reliefs (the maintenance-and- alimony's cross-border craft (the enforcement's Unit 6 route)); the treaty faces (the Hague instruments (the recognition's conventions — the name-level)). Exam Focus Long questions: (i) The marriage's conflict rules (the formalities-capacity-consent trio — the banker); (ii) The foreign divorce's recognition (with the bars). Short questions: the lex loci celebrationis; the dual capacity; the polygamy's existence- vs-validity; the bare divorce. Trick areas: (i) The FORM = the place of celebration; the CAPACITY = each party's personal law — the division (the reversal error); (ii) The polygamous marriage "EXISTS though not recognised" (the children's legitimacy protected) — the total-denial error; (iii) The foreign divorce's recognition tests the FOREIGN court's jurisdiction by the FORUM's standards; (iv) The potentially-polygamous…