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(Family Division; Peter Jackson J; 20 May 2011)
The wife's version of facts was preferred to the husband's. The wife had lived in London from August 2008, with a few significant periods abroad, including December 2009 to March 2010, when she spent about two-thirds of her time in Switzerland, and one-third in London.
The English Court had jurisdiction to entertain the wife's divorce petition pursuant to indent 5 of Art 3(1)(a) of BIIR. The wife was habitually resident in England and had been resident for 12 months preceding the presentation of her petition. The interpretation in Marinos was preferred to that in Munro.
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