Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

06 OCT 2010

DIVORCE/JURISDICTION: H v W [2010]

(Family Division; Hedley J; 10 September 2010)

The Italian husband and English wife were married in England. The wife issued a petition for judicial separation in the Italian courts and then issued a divorce petition in England. The Italian petition was declared void for non-attendance of the wife (also not properly served on the husband). The Italian petition was, at this stage, archived but revivable and the wife then served the husband with the English petition. After a decree nisi was applied for the husband challenged the jurisdiction of the English court. The husband issued an Italian petition for judicial separation. Although the wife served a defence in the Italian proceedings the husband's Italian petition was struck off list for non-appearance of the parties. At issue was whether the Italian or English courts had jurisdiction.

Held the Italian court had not seised, as there had been no proceedings before it. The wife had never lost habitual residence in England and Wales, as her permanent centre of interest had remained England. Accordingly, the English court had jurisdiction.

__________________________________________________________________

Family Law Reports

Family Law Reports are relied upon by the judiciary, barristers and solicitors and the reports are cited daily in court and in judgments.

They contain verbatim case reports of every important Family Division, Court of Appeal, House of Lords and European courts case, and also includes practice directions, covering the whole range of family law, public and private child law.

Red Book Plus

Family Court Essential Materials

This ready reference guide for all family court practitioners and judges provides a portable...

More Info from £55.00
Family Law Online

Family Law Online

Get a FREE trial today! The fastest way to access the latest law reports, case law, commentary,...

Available in Family Law Online
Subscribe to our newsletters