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Aduke Fernandez, who lives in Edinburgh, was claiming a £300 million share of Chief Oladiende Fernandez’s wealth.
She had originally sought to divorce the former diplomat and businessman, claiming that they were married in Nigeria in 1982 before moving to Scotland in 1999. They separated in May and he moved to France.
She later changed her action, planning to seek a declaration from the Scottish courts that she was married by “habit and repute” to the chief as they had lived together in Edinburgh.
The chief, a former diplomat at the United Nations for the Central African Republic, was a businessman who had made a large fortune during their “marriage”. Mrs Fernandez originally sought a share of assets in firms with interests in oil wells and diamond and gold mines. She said that before the separation they had enjoyed a “lavish lifestyle” and employed a substantial staff. Her clothes would be sent from Paris.
She originally said that they had been married at Oyo in Nigeria in a traditional tribal ceremony in November 1982. But at a subsequent hearing, when an attempt by her to win £110,000 a month in interim support was rejected, the chief’s lawyers argued that they were not validly married and she was not entitled to financial provision on divorce.
Morag Wise, the chief’s counsel, told the court that it was the 66-year-old chief’s position that Mrs Fernandez knew that he was still married to his American wife in 1982. They had wed in 1961 and the marriage was dissolved in 1990.
“She knew that all that could be done in 1982 was that they could betroth themselves to each other and she could be formally introduced to his family,” she said. The counsel said that on more than one occasion Mrs Fernandez had asked the chief to make “an honest woman” of her.
A judge at the Court of Session was told that “an amicable settlement” had now been reached. Charles Macnair, QC, for Mrs Fernandez, told Lady Smith: “She accepts that following disclosures in court relating to his previous marriage, no valid marriage exists between them.”
He said that both sides sought to be absolved from the proceedings with no expenses being sought. Details of the settlement were not disclosed.
Miss Wise told the judge: “It is an essential part of the agreement that Aduke Fernandez is never able to come back and claim that she was either regularly or irregularly married to Oladiende Fernandez.”
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