The court was severely critical of the practice in divorce proceedings of uissuing a petition for divorce but then not serving it for some time. Holman J referred to a colourful metaphor deployed by leading counsel for the husband: ‘To file [a divorce petition] prematurely is the equivalent of laying one’s towel at dawn upon the sun lounger of the English court and returning at high noon to bask in the warmth of the law of England and Wales on divorce and financial remedies.’
Holman J
[2014] EWHC 1519 (Fam)
Bailii
England and Wales
Citing:
See Also – Chai v Peng FD 13-Mar-2014
Application for further maintenance pending suit. . .
Cited by:
See Also – Chai v Peng (1) FD 17-Oct-2014
. .
See Also – Chai v Peng (2) FD 17-Oct-2014
. .
See Also – Chai v Peng CA 12-Jun-2015
Application to adjourn full hearing of appeal. . .
Cited – Thum v Thum FC 21-Oct-2016
No abuse of process in service error
The husband claimed that the W was guilty of abuse of process by issuing the divorce petion, but then not serving it for many months in an attempt to gain a tactical jurisdictional advantage under Brussels II.
Held: H’s application was . .
Lists of cited by and citing cases may be incomplete.
Family
Updated: 03 December 2021; Ref: scu.525862