Dallen v Dallen [2002] EWCA Civ 1781 (6 November 2002)

Dallen v Dallen [2002] EWCA Civ 1781 (6 November 2002)

The application to set aside the decree nisi and for a stay was dismissed because service was properly effected, the court had jurisdiction based on the wife's domicile of origin, the application for a stay was out of time and previously dismissed, and public policy did not preclude the wife from bringing divorce proceedings.

Citation
[2002] EWCA Civ 1781
Parties
Petitioner (respondent): Claire Lucia Dallen; Respondent (applicant): Russell Morris Dallen
Jurisdiction
England and Wales
Judgment Date
06 November 2002
Procedural Posture
Family Law Divorce / Application for Permission to Appeal Order Refusing to Set Aside Decree Nisi and Related Reliefs
Outcome
Application dismissed with costs.
Legal Topics
Divorce, Jurisdiction, Service of Process, Domicile, Stay of Proceedings, Public Policy
Family Law Divorce Jurisdiction Service of Process Domicile Stay of Proceedings Public Policy

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Parties

Claire Lucia Dallen

Petitioner (respondent)

Russell Morris Dallen

Respondent (applicant)

Procedural Posture

Family Law Divorce / Application for Permission to Appeal Order Refusing to Set Aside Decree Nisi and Related Reliefs

Legal Issues

  1. 1 Whether the decree nisi should be set aside for irregularity of service
  2. 2 Whether the court had jurisdiction based on domicile
  3. 3 Whether a stay of proceedings should be granted under the Domicile and Matrimonial Proceedings Act 1973

Ratio Decidendi

The application to set aside the decree nisi and for a stay was dismissed because service was properly effected, the court had jurisdiction based on the wife's domicile of origin, the application for a stay was out of time and previously dismissed, and public policy did not preclude the wife from bringing divorce proceedings.

Court Disposition

Application dismissed with costs.

Orders

  • Application for permission to appeal dismissed.
  • Costs assessed at £5,147.92 to be paid forthwith.