A Pragmatic Assessment of Repudiation
by Yasmina El Kaddouri and Frederik Welvaert
Question(s) at stake
Whether there are reasons to recognize a Moroccan talaq repudiation despite the unequal position of men and women in the context of this practice?
Outcome of the ruling
When a Moroccan woman requested recognition of a previous repudiation in order to benefit from more favourable pension rights as a divorcee, the Court examined the compatibility with public policy. After an in-concreto examination of the consequences of non-recognition, the Court concluded that the woman would be doubly victimized if the talaq repudiation was not recognized: in addition to being repudiated, she would also be financially burdened. Thus, the Court recognized the repudiation even though it ruled that there was inequality between man and woman in the case of repudiation.
Country:
Official citation
Labour Court of Appeal of Brussels, Judgement of 13 April 2005, 40557 (Cour du Travail de Bruxelles, n° 40557, 13 avril 2005)
Topic(s)
Keywords:
Dissolution of marriage and partnership Divorce Foreign decisions/judgments Legal toolbox Limitations and justifications Public order Recognition Repudiation
Tag(s):
Recognition of foreign divorces