NP v TP

NP v TP

The English court was first seised of the divorce process on 12 January 2020 when the wife's petition was lodged and the fee paid. There was no culpable failure by the wife to take required steps to effect service, and any delays or technical issues were not attributable to her. The husband failed to demonstrate any misstatement of fact or material non-disclosure to justify rescission under section 31F(6) MFPA 1984.

Parties
Applicant: NP; Respondent: TP
Jurisdiction
England and Wales
Judgment Date
08 July 2022
Procedural Posture
Divorce / Application for Rescission of Order Under Section 31 F(6) Matrimonial and Family Proceedings Act 1984
Outcome
Application refused
Legal Topics
Divorce, Jurisdiction, Seisin of Court, Rescission of Order
Family Law Divorce Jurisdiction Seisin of Court Rescission of Order

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Parties

NP

Applicant

TP

Respondent

Procedural Posture

Divorce / Application for Rescission of Order Under Section 31 F(6) Matrimonial and Family Proceedings Act 1984

Legal Issues

  1. 1 Whether new evidence undermines the factual basis for the finding that the English court was first seised of divorce proceedings under Article 16 of Council Regulation 2201/2003 (BIIR)
  2. 2 Whether the court should exercise its power under section 31F(6) MFPA 1984 to rescind its earlier order

Ratio Decidendi

The English court was first seised of the divorce process on 12 January 2020 when the wife's petition was lodged and the fee paid. There was no culpable failure by the wife to take required steps to effect service, and any delays or technical issues were not attributable to her. The husband failed to demonstrate any misstatement of fact or material non-disclosure to justify rescission under section 31F(6) MFPA 1984.

Court Disposition

Application refused

Orders

  • The husband's application to rescind the order is refused.