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Woodfines LLP

16 ST CUTHBERT'S STREET, BEDFORD, MK40 3JG, ENGLAND
Tel:
Work 01234 270600
Fax:
Fax 01234 210128
DX:
5619 BEDFORD
Email:
Web:
www.woodfines.co.uk

Woodfines’ Family Law department recently acted for a Husband in divorce proceedings issued in the UK by the Wife. Both were of Indian origin and the Wife continued to reside in India.

The Husband had been poorly advised by previous solicitors so by the time that the Woodfines team picked up the reins, Decree Nisi had already been obtained (UK jurisdiction having already been conceded by the Husband). The Husband’s case was that they had been divorced in India, and as such that should be recognised in the UK. He had gone on and remarried and had children so the effect upon him, if the Indian divorce was not recognised, was potentially catastrophic.

It was necessary to obtain agreement from the Wife that she would not apply for Decree Absolute – though in the end it was applied for and granted, which then necessitated Woodfines to apply for the Decree Absolute to be rescinded which it was.

Woodfines’ team then successfully applied for the Decree Nisi to be rescinded and for the Wife’s petition to be dismissed on the basis that there was no jurisdiction to hear the petition, given that there was no marriage subsisting at the time it was issued – the parties having been divorce earlier in India.

This was an interesting case, given the dual jurisdiction points and the potential impact upon the Husband’s current family arrangements and Woodfines are pleased to have been able to provide specialist support.

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