(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)
