Wendy Hickey Law

Excellence in the Practice of Matrimonial Law ™

Bassiouni v Bassiouni Docket no:SU12D1453DR

2012-2017


This was a case where a Muslim couple , married in Egypt, then lived in Massachusetts for 11 years , divorced in Egypt ( suddenly), and then had the property settlement determined by the court in Massachusetts.

Most Importantly, while "a "decree of divorce by a foreign county will not be recognized by comity ( recogniized in another country) where it was obtained by a procedure that denies due process of law, or was obtained by fraud, or where the divorce offends the public policy of the state in which recognition is sought." 24A Am. Jur. 2d "Divorce and Separation" 1071 (2014). Therefore, even if this Court finds that the Parties' divorce was validly obtained under the laws of Egypt, it will not grant comity to that divorce if the Court finds that: (1) the procedure for obtaining the Patties' divorce lacked due process; (2) the Patties' divorce was obtained by fraud; or (3) the Parties' divorce offends the public policy of the Commonwealth of Massachusetts.

 

The court also determined that the muslim divorce in Eqgypt (Talaq) while valid, did not extend to any property settlement because the process of getting a divorce in Eqypt does does not meet the standards and principles of "equal protection and due process" of Massachusetts. A trial over the validity of the devorce and Talaq settlement divorce was first determined in the judgement of Jan 2015 on a case brought before the court on June 15,2012 - ( here)

To determine the economic settlement of the marriage, a trial of 18 days was held starting in Jan 6, 2016. Both parties sued each other for divorce.

The judgement can be found here.

The findings of fact can be found here.