Rapisarda v Colladon [2014] EWFC 35 – Law Journals

Transparency: An open book?

David Wilkinson argues that the approach of Mostyn J to privacy in financial remedy proceedings in Xanthopoulos overlooks some of the key historical context The thrust of Mostyn J’s argument in Xanthopoulos was that sitting in chambers or in private (as the case may be) has never resulted, and was never intended to result, in …

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Divorce: A limited power

Antonia Barker explores the set aside of a decree of divorce and the strict procedural requirements to be followed A decree absolute is a judgment which is definitive of a person’s status and they, and the rest of the world, must be able to rely upon it, as so many of an individual’s legal and …

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Jurisdiction: Residual risk

Catherine Maguire analyses the decision in AJ v DM, which demonstrates the dangers of reliance on a sole domicile petition ‘It is far easier to re-establish habitual residence in a country where the party in question has previously been habitually resident than in a new country.’ Cohen J’s judgment in AJ v DM [2019] addresses …

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Divorce: Potential pitfalls

Philippa Davies and Anna Shadbolt navigate the more problematic aspects of divorce procedure and provide a reminder of the remedies available ‘For the purposes of an application for deemed service, it is essential that the petitioner keeps written evidence of their attempts to obtain information regarding the respondent’s whereabouts.’ Divorce law and procedure can appear …

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Divorce: Fighting fraud

Rachel Donald discusses the consequences of deception in divorce proceedings and the vulnerabilities of the current procedure ‘Munby P highlighted in Rapisarda that in each of the 180 cases the English court was being deceived: fundamentally in respect of the court’s jurisdiction to entertain the petition.’ In Rapisarda v Colladon [2014] Sir James Munby, president …

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