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Family Law

The leading authority on all aspects of family law

12 JAN 2005

DIVORCE/JURISDICTION: Chorley v Chorley [2005] EWCA Civ 68

(Court of Appeal; Thorpe, Tuckey and Dyson LJJ; 12 January 2005) [2005] 2 FLR 38, [2005] All ER (D) 34 (Jan)

The husband issued a requte in France, the first necessary step in obtaining a divorce. However, the process involved a compulsory conciliation process. The wife issued divorce proceedings in England almost a year later. The judge refused to decline jurisdiction over the wife's petition, deciding that the requte did not trigger Brussels II, Art 11 priority. When divorce related proceedings were issued in another EU Member State, an issue arose as to whether the steps taken constituted the commencement of divorce proceedings. It was held that that issue should be decided by the court of the Member State, rather than by the English court.

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