Family Law Hub

Thum v Thum [2018] EWCA Civ 624

In a tweet: Time limit for service of petition cannot be implied into FPR – but maybe the Rule Committee will change things

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Case note, published: 06/08/2018

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  • The wife's divorce petition was issued in England in October 2015. An attempt to serve the petition on the husband was made in February 2016 in Germany where he was living at the time, but this failed because of insufficient address details being given by the wife. In the meantime, the husband had commenced divorce proceedings in Germany in January 2016. The husband was appealing against a ruling that the English court was first seised on the grounds that the wife had failed to take the required steps to serve the petition. The appeal was dismissed, the court saying that Rule 7.8 FPR simply requires the petitioner to serve the petition. No particular step is stipulated as having to take place "immediately" or by a certain date. Judgment, 16/07/2018, free

Published: 06/08/2018

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