Weiner v Weiner

Service of divorce petition on a Sunday was an irregularity, not a nullity; the wife did not fail to take required steps to effect service, so the English court was first seised under Article 16 of Brussels II Regulation.

Source-derived case information.

Parties: Husband: Daniel Weiner; Wife: Cecilia Weiner
Jurisdiction: England and Wales
Judgment Date: 15 July 2010
Procedural Posture: Divorce / Jurisdictional Determination
Outcome: English court is first seised; jurisdiction established; stay removed; proceedings to continue in Principal Registry.
Legal Topics: Divorce Jurisdiction, Service of Process, Brussels II Regulation, Service on Sundays

Family Law International Law Divorce Jurisdiction Service of Process Brussels II Regulation Service on Sundays

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 3

Parties

Daniel Weiner

Husband

Cecilia Weiner

Wife

Procedural Posture

Divorce / Jurisdictional Determination

Legal Issues

1 Whether service of divorce petition on a Sunday in England is prohibited or restricted
2 Consequences of service on a Sunday under English law
3 Determination of which court was first seised under Brussels II Regulation

Ratio Decidendi

Court Disposition

English court is first seised; jurisdiction established; stay removed; proceedings to continue in Principal Registry.

Orders

Stay imposed by order dated 14th December, 2009 is removed.
Proceedings re-transferred to Principal Registry of the Family Division to continue.

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