2010-Ģ��ƵAT-016

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered the appeal and affirmed Ģ��ƵJSPF��s decision. Ģ��ƵAT found that Ģ��ƵJSPF submitted credible evidence that demonstrated that the Cameroon divorce decree was invalid and that the deceased at no time commenced proceedings to dissolve his marriage to his first wife apart from the USA divorce proceedings, which were terminated by his death. In drawing this conclusion, Ģ��ƵAT found it unnecessary to address the additional reliefs sought by the Appellant. Ģ��ƵAT accordingly affirmed Ģ��ƵJSPF��s decision to award the widow��s benefit to the former staff member��s first wife and denied all reliefs sought by the Appellant.

Decision Contested or Judgment/Order Appealed

Upon the death of a former U. N. staff member, Ģ��ƵJSPF recognized his first spouse as his legal wife. Ģ��ƵJSPF thus, found that the first wife was entitled to the continued receipt of a widow��s benefit. The deceased��s second wife appealed, asserting that she was the deceased��s sole surviving spouse.

Legal Principle(s)

Valid divorce proceedings, in the country in which the marriage occurred, must commence prior to a staff member��s death in order for a subsequent spouse to receive a widow��s benefit.

Outcome

Appeal dismissed on merits

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Tebeyne

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement