Jurisdiction) [2021] EWHC 2306 (Fam)

(Family Division, Cobb J, 16 August 2021)

Jurisdiction – Divorce – Petitions in England and Bulgaria – Which court was first seised – Habitual residence of husband

The court held that the husband was habitually resident in England and Wales and that the stay on the wife’s divorce petition should be lifted.


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Neutral Citation Number: [2021] EWHC 2306 (Fam)

Case No: ZZ20D05011

FD20P00158

IN THE HIGH COURT OF JUSTICE
FAMILY DIVISION

IN THE MATTER OF COUNCIL REGULATION 2201/2003 (BRUSSELS IIR) 

AND IN THE MATTER OF THE DOMICILE AND MATRIMONIAL PROCEEDINGS ACT 1973

Royal Courts of Justice
Strand, London, WC2A 2LL

Date: 16/08/2021

 

Before:

THE HONOURABLE MR JUSTICE COBB

– – – – – – – – – – – – – – – – – – – – –

Between:

P
Applicant

P
Respondent

– – – – – – – – – – – – – – – – – – – – –

P v P (Divorce: Jurisdiction)

– – – – – – – – – – – – – – – – – – – – –

Anita Guha (instructed by Dawson Cornwell) for the Applicant 

Roger Birch (instructed by Direct Access) for the Respondent

Hearing dates: 28-29 July 2021

– – – – – – – – – – – – – – – – – – – – –

Approved Judgment

THE HONOURABLE MR JUSTICE COBB

This judgment was delivered in private. The judge has given leave for this version of the judgment to be published on condition that (irrespective of what is contained in the judgment) in any published version of the judgment the anonymity of the children and members of their family must be strictly preserved. All persons, including representatives of the media, must ensure that this condition is strictly complied with. Failure to do so will be a contempt of court.

 

Judgment: P v P (Divorce Jurisdiction) [2021] EWHC 2306 (Fam)