Latest updates
- 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, 23/10/2019, free
- 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
- Biggest shake up of divorce laws in 50 years aimed at reducing conflict and supporting children and families. News, 14/06/2019, free
- The mother challenged the recognition of a Dubai divorce, because she sought to vest the courts of England and Wales with jurisdiction to make orders in respect of the child. Moylan LJ found that the judge had conducted an extensive analysis of the evidence, and the analysis had not been shown to be partial or to give insufficient weight to the mother's situation. The judge was entitled to decide that the mother had had "a full opportunity to participate" in the process, and that the recognition of the Dubai divorce should not be refused. Baker LJ agreed. Judgment, 08/05/2019, free
- The wife's divorce petition had been stayed on the basis that proceedings had already begun in Italy. On appeal, the question was whether the Italian court was still seised of proceedings. Moylan LJ held that this was for the Italian court to determine, but allowed the wife's appeal to the extent that English proceedings were adjourned, rather than stayed. Baker LJ agreed. Judgment, 26/04/2019, free
Latest know-how
- In a tweet: Article 19 BIIR: court best placed to decide which court is first seised should determine the issue. Case note, 02/10/2019, members only
- In a tweet: Regional divorce units criticised after petitions issued within first year of marriage. Case note, 25/09/2019, members only
- In a tweet: Dismissal of divorce petition and set aside of divorce decrees obtained by deception Case note, 15/05/2018, members only
- Changes made to allow for fast track procedure Practice note, 09/05/2018, free
- In a tweet: Particulars of behaviour must be of sufficient strength to meet statutory test Case note, 12/06/2017, members only
Latest training
- Recording of webinar first broadcast 25th July 2018 featuring James Turner QC, Professor Liz Trinder, Simon from Resolution National Committee and Nicola Rowlings. Webcast, 26/07/2018, members only
- Mena Ruparel and Nicola Rowlings discuss implementation of centralised divorce processing and what it means for your applications now. Webcast, 22/07/2015, free
Latest sources
- In force 8th August 2018 Practice direction, 27/07/2018, free
- PD released Published 25/01/2017 Practice direction (external), 26/01/2017, free
- Form (external), 01/04/2012, free
- Form (external), 01/04/2012, free
- Form (external), 01/04/2012, free