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

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...

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