Family Law Hub

Ali v Barbosa [2019] EWHC 2776 (Fam)

The husband applied for various orders relating to a divorce to be set aside, including the decree absolute. He challenged the deemed service of the divorce petition. The wife had been granted the divorce in England and then remarried, while the husband had later petitioned for divorce in Scotland. If the earlier divorce was set aside, the husband would retain a right of residence due to the marriage exceeding three years in length. Lieven J DBE held that to the extent that there had been any procedural errors in this case, they did not render the subsequent orders void, and to the extent that they rendered them voidable she declined to exercise her discretion to set them aside.

Judgment, published: 23/10/2019

Topics


Published: 23/10/2019

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