(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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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
THE HONOURABLE MR JUSTICE COBB
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NP
Applicant
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NP v TP (Divorce: Application for Rescission of Order)
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.
Judgment: NP v TP [2022] EWFC 78
