
Botwe v Brifa [2021] EWHC 2307 (Fam)
A case determined in the High Court by Mr Justice Cobb highlighting the need for careful compliance with the provisions of the Family Law Act 1986 when it comes to overseas divorces to ensure that they are recognised in this jurisdiction and do not lead to ‘limping marriages’.
The case was brought by an applicant wife, Ms Botwe, pursuant to the provisions of sections 51 and 55 Family Law Act 1986. The wife sought a declaration that she remained married to Mr Johnson Brifa (‘the husband’). The husband argued that the parties had legally divorced in Ghana and that that marriage should be recognised in this jurisdiction.
Mr Justice Cobb heard oral evidence from both parties, the husband’s mother and the wife’s father (remotely from Ghana) and received expert evidence from Ms Charlotte Boaitey, a practising member of the English Bar and of the Ghanaian Bar.
If you would like to read the full judgment, please click the link below
https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/Fam/2021/2307.html&query=(Botwe)