The husband had petitioned for divorce. He came to England only in August 1981, and had only limited leave to stay. The court considered whether the court had jurisdiction. Held: There was no significant difference for this purpose between ‘ordinary’ and ‘habitual’ residence. The court had jurisdiction under the section. Judges: Bush J Citations: [1984] … Continue reading Kapur v Kapur: FD 1984
The court considered applications to set aside some 180 petitions for divorce on the grounds that they appeared to be attempts to pervert the course of justice by wrongfully asserting residence in order to benefit from the UK jurisdiction. Held: It had been asserted that the English court had jurisdiction to entertain the petition in … Continue reading Rapisarda v Colladon (Irregular Divorces): FC 30 Sep 2014
The petitioner sought to divorce her husband. Both were Nigerian nationals, and had married under a valid polygamous marriage in Nigeria. She claimed that the courts had jurisdiction because of her habitual residence here despite the fact that her presence here had come to be a criminal offence under the 1971 Act. Held: The authorities … Continue reading Mark v Mark: HL 30 Jun 2005
The husband sought to stay divorce proceedings saying that his wife was an illegal overstayer, and could not therefore establish residence either as habitual or as domicile of choice.
Held: Jurisdiction existed. The law since Shah had . .
A petitioner could issue a petition for divorce on the basis of being habitually resident in the UK, even though she would also have habitual residence elsewhere. In this case she had been in England for 161 days out of the year in question. . .
References: [2014] EWFC 35 Links: Bailii Coram: Sir James Munby P FD The court considered applications to set aside some 180 petitions for divorce on the grounds that they appeared to be attempts to pervert the course of justice by wrongfully asserting residence in order to benefit from the UK jurisdiction. Held: It had been … Continue reading Rapisarda v Colladon (Irregular Divorces); FC 30 Sep 2014
