Rapisarda v Colladon (Irregular Divorces) [2014] EWFC 35 (30 September 2014)

Rapisarda v Colladon (Irregular Divorces) [2014] EWFC 35 (30 September 2014)

The court was deceived into accepting jurisdiction by fraudulent assertions of habitual residence at non-residential addresses; as a result, the court had no jurisdiction to entertain the petitions, and all decrees obtained in consequence are void and must be set aside.

Citation
[2014] EWFC 35
Parties
Petitioner: Agata Rapisarda; Respondent: Ivan Colladon; Intervener: Queen's Proctor
Jurisdiction
England and Wales
Judgment Date
30 September 2014
Procedural Posture
Divorce Petitions (multiple, Consolidated) / Final Judgment on Queen's Proctor's Applications to Dismiss Petitions and Set Aside Decrees
Outcome
Petitions dismissed; decrees nisi and absolute set aside as void for fraud.
Legal Topics
Divorce, Fraud on the Court, Jurisdiction in Matrimonial Matters, Setting Aside Decrees, Procedural Irregularity
Family Law Civil Procedure Jurisdiction Divorce Fraud on the Court Jurisdiction in Matrimonial Matters Setting Aside Decrees Procedural Irregularity

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Parties

Agata Rapisarda

Petitioner

Ivan Colladon

Respondent

Queen's Proctor

Intervener

Procedural Posture

Divorce Petitions (multiple, Consolidated) / Final Judgment on Queen's Proctor's Applications to Dismiss Petitions and Set Aside Decrees

Legal Issues

  1. 1 Whether the English court had jurisdiction to entertain the 180 divorce petitions
  2. 2 Whether decrees nisi and absolute were obtained by fraud
  3. 3 Whether decrees should be set aside and petitions dismissed

Ratio Decidendi

The court was deceived into accepting jurisdiction by fraudulent assertions of habitual residence at non-residential addresses; as a result, the court had no jurisdiction to entertain the petitions, and all decrees obtained in consequence are void and must be set aside.

Court Disposition

Petitions dismissed; decrees nisi and absolute set aside as void for fraud.

Orders

  • All decrees nisi and absolute in the affected cases are set aside as void.
  • All divorce petitions in the affected cases are dismissed.