Family Law Hub

Marriage & Divorce

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  • The petitioner wished to remarry, but the decree abolute could not be found, by him, or by the court, the files having apparently been destroyed. The former wife was able to find her copy. Mostyn J made a declaration that the former wife's copy was an authentic and accurate copy of a certified copy, and the marriage had indeed been dissolved. Judgment, 01/08/2019, free
  • The mother applied for a declaration that the child was habitually resident in the jurisdiction of England and Wales, and for orders that would prohibit the father from removing the child from her care or from that jurisdiction, in circumstances where the Sweileh Sharia Court of Jordan had issued a without notice order requiring her to place the child in the father's care immediately. MacDonald J was wholly satisfied that the child was habitually resident in the jurisdiction of England and Wales, and thus the court had jurisdiction in relation to matters of parental responsibility. It was in the child's best interests for the English court to decide the welfare issues between the parents. Judgment, 30/07/2019, free
  • A preliminary issue hearing was held to determine the length of the marriage, the impact of the separation agreement, and whether there was any marital acquest. Cohen J concluded that the parties, a businesswoman and an artist, separated in 2004. There was no marital acquest; the wife had been dependent upon her family's wealth throughout. The agreement had been what the husband had sought. The only ground for vitiating the agreement would be if it did not meet his needs. Judgment, 27/06/2019, free
  • The wife had applied for an occupation order for a property. The husband had claimed that the marriage certificate was a forgery. The judge found that there was a marriage and the husband was a serial liar. The husband now sought permission to appeal the findings and the consequent orders, and an extension of time to do so. Williams J allowed the appeal, on the basis that the hearing was procedurally irregular and the outcome consequently unjust. The matter was remitted to the Family Court. Judgment, 25/06/2019, free
  • The father had applied for the return of the children from Ukraine, where they had been kept for ten months. Mostyn J had stayed the application, in anticipation of the Ukrainian court reinstating the father's application there. This did not happen, so the stay was lifted and the application would be heard. Directions were given, but the judge also urged the parties to explore a mediated solution to the case. Judgment, 21/06/2019, free

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