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  • The court had to decide whether the English or German court was first seised in circumstances where the wife had initially not validly served the divorce petition on the husband and the husband then served his petition in Germany during the subsequent period. The issue here was whether there had been an abuse of process on the part of the wife after the husband claimed that she had issued her petition simply to secure the English jurisdiction in the event that a divorce was needed and in fact the marriage had not at that time irretrievably broken down. The court ruled that the husband had known about the wife's petition before it was validly served and before he issued his own petition and that the English court had jurisdiction. Judgment, 17/10/2018, free
  • In a tweet: Test in Re A (children) [2013] UKSC 60 was used to assess whether the parties were habitually resident in England Judgment, 06/08/2018, free
  • Application by the husband for a stay of divorce proceedings started by the wife in England where he wanted the proceedings to be held in Switzerland. The application was granted. Judgment, 09/07/2018, free
  • Appeal against an order whereby the court found that at the date of her divorce petition, the applicant wife had acquired a domicile of choice in England, her domicile of origin being in Ireland, and was therefore entitled to proceed with her divorce suit in England under s5(2) of the Domicile and Matrimonial Proceedings Act 1973 and Article 7 of the EU Regulation 2201 of 2003. The appeal was allowed. Judgment, 15/06/2018, free
  • Sharia divorce claim rejected Judgment, 22/03/2017, free

Latest know-how

  • In a tweet: CoA overturn an earlier decision that W had a domicile of choice in England Case note, 06/08/2018, members only
  • In a tweet: English proceedings were stayed in preference to Switzerland, which was the more appropriate forum Case note, 06/08/2018, members only
  • In a tweet: Test in Re A (children) [2013] UKSC 60 was used to assess whether the parties were habitually resident in England Case note, 06/08/2018, members only
  • In a tweet: Application for the dissolution of a marriage where the domicile of the parties was in dispute. Case note, 12/06/2017, members only
  • In a tweet: Sharia divorce claim rejected Case note, 22/03/2017, members only

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