Family Law Hub

Botwe v Brifa [2021] EWHC 2307 (Fam)

The applicant sought a declaration that she was currently married to the respondent, and brought her application pursuant to the provisions of ss 51 and 55 of the Family Law Act 1986. The parties agreed that they had been married in 2017. The questions included whether the parties had gone through a customary divorce procedure in Ghana, at which neither party was present, as claimed by the husband, and whether that divorce would be recognised here. Cobb J was satisfied that a customary divorce and its registration had taken place in Ghana. However, both parties had been habitually resident in the United Kingdom throughout the year immediately preceding the Ghanaian divorce ceremony (s 46(2)(c) FLA 1986), and so the divorce could not be recognised in England and Wales. The wife was entitled to pursue her petition for divorce in this jurisdiction.

Published: 19/08/2021


Copyright in the original legal material published on the Family Law Hub is vested in Mills & Reeve LLP (as per date of publication shown on screen) unless indicated otherwise.


The Family Law Hub website relates to the legal position in England Wales and all of the material within it has been prepared with the aim of providing key information only and does not constitute legal advice in relation to any particular situation. While Mills & Reeve LLP aims to ensure that the information is correct at the date on which it is added to the website, the legal position can change frequently, and content will not always be updated following any relevant changes. You therefore acknowledge and agree that Mills & Reeve LLP and its members and employees accept no liability whatsoever in contract, tort or otherwise for any loss or damage caused by or arising directly or indirectly in connection with any use or reliance on the contents of our website except to the extent that such liability cannot be excluded by law.

Bookmark this item