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Family Law

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Court of Protection Practice and Procedure Conference 2016

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21 MAY 2012

DIVORCE:Kim v Morris [2012] EWHC 1103 (Fam)

(Family Division, Parker J, 2 May 2012)

In divorce proceedings in which the wife accused her husband of adultery, decree nisi had been pronounced in England 4 years ago. The husband subsequently issued divorce proceedings in Singapore where he now lived. The wife was now living in Hong Kong.

 The parties reconciled during the 4 years and so did not seek decree absolute but were now once again separated and sought to complete the divorce process. The Family Proceedings Rules 2010 were of crucial importance and the wife could not supplement her petition. In addition due to the age of the decree nisi followed by 4 years' reconciliation, the lack of jurisdictional connection with England and Wales, the new rules now in force and must be taken into account, to supplement her petition would be artificial, were it not for jurisdictional issues the wife would have issued the petition afresh. Decree nisi rescinded, petition dismissed.

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