Family Law Hub

Centralised divorce processing due within a year says President

Comments made in judgment on the Italian divorce fraud cases

  • There will be fewer than 20 centres where divorce petitions will be issued by this time next year if the President's plans remain on track.

    This timescale was mentioned as part of his judgment in the Italian divorce fraud cases where at [99] he notes that the HMCTS are working at the moment to implement the plans set out in his View no 13 so that 

    "by this time next year there will be fewer than twenty, possibly as few as a dozen, places at which a divorce petition can be issued."

    This change, he hoped, would help to prevent similar fraud in the future though would not do so on its own so he also put forward two further suggestions at [100]

    "One is that both the petition for divorce and, in special procedure cases, the notice of application for decree nisi should require the completion of a statement of truth in a specified form next to a prominently displayed warning of the penalties for untruth. The other is that part of the process in the court office for issuing a divorce petition should include a search of the court's FamilyMan system to identify whether the address(es) given in the petition have been used in other cases. Each of these suggestions, it seems to me, merits careful consideration, though until such time as the court has up-to-date IT systems (which could no doubt be programmed to identify automatically any relevant addresses) I recognise that implementation of a standard search procedure will no doubt have resource implications."

News, published: 01/10/2014

Topics

See also

  • Judgment from The President concerning validity of 180 divorce petitions fraudulently obtained for non-domiciled Italian couples through the use of a single UK PO box address. The divorce petitions were set aside. Judgment, 01/10/2014, free

Published: 01/10/2014

Copyright 

Copyright in the original legal material published on the Family Law Hub is vested in Mills & Reeve LLP (as per date of publication shown on screen) unless indicated otherwise.

Disclaimer

The Family Law Hub website relates to the legal position in England Wales and all of the material within it has been prepared with the aim of providing key information only and does not constitute legal advice in relation to any particular situation. While Mills & Reeve LLP aims to ensure that the information is correct at the date on which it is added to the website, the legal position can change frequently, and content will not always be updated following any relevant changes. You therefore acknowledge and agree that Mills & Reeve LLP and its members and employees accept no liability whatsoever in contract, tort or otherwise for any loss or damage caused by or arising directly or indirectly in connection with any use or reliance on the contents of our website except to the extent that such liability cannot be excluded by law.

Bookmark this item