Family Law Hub

Marriage & Divorce

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  • The wife's divorce petition was issued in England in October 2015. An attempt to serve the petition on the husband was made in February 2016 in Germany where he was living at the time, but this failed because of insufficient address details being given by the wife. In the meantime, the husband had commenced divorce proceedings in Germany in January 2016. The husband was appealing against a ruling that the English court was first seised on the grounds that the wife had failed to take the required steps to serve the petition. The appeal was dismissed, the court saying that Rule 7.8 FPR simply requires the petitioner to serve the petition. No particular step is stipulated as having to take place "immediately" or by a certain date. Judgment, 16/07/2018, free
  • Mother's appeal against an order that she return the children to the UK from Poland after the English court ruled that they, and not the Polish court, had jurisdiction. The appeal was allowed, the court saying that the Polish court became and had remained seised of jurisdiction in relation to the children. Judgment, 16/07/2018, free
  • Appeal concerning whether different sex couples are discriminated against by not being allowed to enter into a civil partnership. The Supreme Court unanimously held that they were and declared the CPA incompatible with the ECHR Judgment, 28/06/2018, 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
  • Our tweets summarising the submissions and questions from the hearing News, 18/05/2018, free

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