ABSTRACT
An overseas decree of divorce, nullity or separation may be refused recognition if it was obtained without a party having been given such opportunity to take part in the proceedings as, having regard to these matters, he or she should reasonably have been given. Thus, if a party is prohibited from participating by external events, this might be a ground for refusing recognition.131 Recognition will be refused if the failure of one party to participate was directly attributable to the deception of another party132 or if the foreign court has assumed jurisdiction solely on the basis of false evidence provided by the petitioner.133 Where full participation in the foreign proceedings has been frustrated partly because of the conduct of legal advisers, then recognition may be refused if it would be of practical advantage to an innocent party.134
