Court of Appeal
Published October 4, 2007
Leman-Klammers v Klammers

It was perfectly reasonable for an English court to grant a decree absolute of divorce to the wife where the husband was waiting for an appeal to be heard in France by the Cour de Cassation on whether the Cour d’Appel de Paris had been correct in holding that the English court had been seised first.

The Court of Appeal (Lord Justice Thorpe, Lord Justice May and Mr Justice Bennett) so held on July 12, 2007, in dismissing an appeal brought by the husband, Remy Klammers, from the refusal by Mrs Justice Baron on May 18, 2007 to give the husband a stay of the grant of the decree absolute granted to the wife, Muslimah Leman-Klammers.

LORD JUSTICE THORPE said that the judge had placed emphasis on the husband’s misconduct in not only failing to pursue the appellate proceedings expeditiously in France but in his total disregard of assurances given to a Family Division judge by the husband’s counsel.

His Lordship did not know what the legal consequences in France of the grant of the decree absolute in England. The onus was on the husband to have adduced evidence to that effect which might have been highly relevant and, if available, might have highly supported his case.

Mrs Justice Baron had been entitled to place great weight on those matters when refusing the stay.

In reaching his decision, his Lordship wished to make it clear that no disrespect was intended to the French court.

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