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NP v TP [2022] EWFC 78

Date:2 AUG 2022
Third slide

(Family Court, Cobb J, 07 July 2022)

Divorce – Jurisdiction – Petitions in England and Bulgaria – Which court first seised

The Family Court refused an application made by the husband under s 31F(6) of the Matrimonial and Family Proceedings Act 1984 to rescind an order, in the context of a legacy case where the provisions of Council Regulation (EC) No 2201/2003 still applied, that the stay on the wife's divorce petition issued in England in February 2020 be lifted having found as a fact that the English Court was the court first seised of divorce process before the husband's petition had been lodged in the courts of Bulgaria on 4 February 2020.


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Neutral Citation Number: [2022] EWFC 78

Case No: ZZ20D05011

IN THE FAMILY COURT 
Sitting at the ROYAL COURTS OF JUSTICE
IN THE MATTER OF SECTION 31F MATRIMONIAL AND FAMILY PROCEEDINGS ACT 1984


Royal Courts of Justice
Strand, London, WC2A 2LL

Date: 08/07/2022

Before:

THE HONOURABLE MR JUSTICE COBB

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Between:

NP
Applicant

- and -

TP
Respondent

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NP v TP (Divorce: Application for Rescission of Order)

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Roger Birch (instructed by Direct Access) for the Applicant (Husband: NP) 
The Respondent (Wife: TP) in person. 

Hearing dates: 17 June 2022

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Approved Judgment

I direct that no official shorthand note shall be taken of this Judgment and that copies of this version as handed down may be treated as authentic.

.............................

THE HONOURABLE MR JUSTICE COBB

This judgment was delivered in private.   The judge has given leave for this version of the judgment to be published on condition that (irrespective of what is contained in the judgment) in any published version of the judgment the anonymity of the children and members of their family must be strictly preserved.   All persons, including representatives of the media, must ensure that this condition is strictly complied with.   Failure to do so will be a contempt of court.

Judgment: NP v TP [2022] EWFC 78

 

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