Who is the true wife? The recognition of overseas marriage and divorce

Gaffney-Rhys, Ruth

Abstract

In Uchechukwu-Onwukibo v Onwukibo and others [2023] EWHC 2812 (Fam) the Family Division of the High Court had to determine whether the applicant or first respondent was the ‘true wife’ of Mr Onwukibo who died in September 2021. The parties and the deceased originated from Nigeria, where both marriages took place, but as they were habitually resident in England and Wales when Mr Onwubiko died, the matter was brought before the High Court. The case illustrates the complex nature of international family law cases, particularly those involving marriages celebrated in countries that permit polygamy and the non-judicial dissolution of customary marriages. This article examines the facts and judgment of the case and highlights the implications for the women concerned, in relation to the administration of estates, intestacy and claims under the Inheritance (Provision for Family and Dependents) Act 1975. It also indicates what the position would have been if Mr Onwukibo had been domiciled in Nigeria when he married; if he had survived beyond the conclusion of divorce or nullity proceedings or if the circumstances of Mr Onwukibo’s marriages had come to light during his lifetime.

• Journal Article Type: Article
• Acceptance Date: May 8, 2024
• Online Publication Date: Aug 1, 2024
• Publication Date: Aug 1, 2024
• Deposit Date: Sep 23, 2024
• Publicly Available Date: Oct 2, 2024
• Journal: Family Law
• Print ISSN: 0014-7281
• Peer Reviewed: Not Peer Reviewed
• Volume: 54
• Pages: 1064-1068
• Public URL: https://uwe-repository.worktribe.com/output/12901729
• Publisher URL: https://plus.lexis.com/uk/document/?pdmfid=1001073&crid=d8534961-f582-41bc-b771-bc003fc4730a&pddocfullpath=%2Fshared%2Fdocument%2Fanalytical-materials-uk%2Furn:contentItem:6CV7-2D63-RS8C-W24T-00000-00&pdcontentcomponentid=228780&pdteaserkey=&pdislpamode=f