Rapisarda v Colladon (Irregular Divorces)

Rapisarda v Colladon (Irregular Divorces)

Fraudulent assertions of habitual residence at a mailbox address deceived the court into accepting jurisdiction to entertain the petitions. This deception vitiates both decree nisi and decree absolute, rendering them void. The underlying petitions must be dismissed as a matter of law, regardless of subsequent events or the parties’ claimed innocence.

Parties
Petitioner: Agata Rapisarda; Respondent: Ivan Colladon; Intervener: Queen’s Proctor
Jurisdiction
England and Wales
Judgment Date
30 September 2014
Procedural Posture
Divorce Petition / Final Judgment
Outcome
All decrees nisi and absolute set aside as void for fraud; all underlying petitions dismissed.
Legal Topics
Divorce, Fraud, Jurisdiction, Habitual Residence, Procedural Irregularity
Family Law Civil Procedure Divorce Fraud Jurisdiction Habitual Residence Procedural Irregularity

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Parties

Agata Rapisarda

Petitioner

Ivan Colladon

Respondent

Queen’s Proctor

Intervener

Procedural Posture

Divorce Petition / Final Judgment

Legal Issues

  1. 1 Whether decrees of divorce obtained by fraud should be set aside as void
  2. 2 Whether the English court had jurisdiction to entertain the petitions based on fraudulent claims of habitual residence
  3. 3 Whether procedural irregularity and deception vitiate divorce decrees

Ratio Decidendi

Fraudulent assertions of habitual residence at a mailbox address deceived the court into accepting jurisdiction to entertain the petitions. This deception vitiates both decree nisi and decree absolute, rendering them void. The underlying petitions must be dismissed as a matter of law, regardless of subsequent events or the parties’ claimed innocence.

Court Disposition

All decrees nisi and absolute set aside as void for fraud; all underlying petitions dismissed.

Orders

  • Decrees nisi and absolute in all affected cases set aside as void.
  • All divorce petitions dismissed.