Family Law Hub

Divorce Procedure

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  • 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
  • New legislation to overhaul divorce law and reduce family conflict. News, 09/04/2019, free
  • 'work is moving on to release the remaining parts of the divorce process, namely decree nisi and degree absolute, in the next few months' News, 09/04/2019, free

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