header-logo header-logo

Divorce service abroad

29 November 2013
Issue: 7586 / Categories: Case law , Judicial line , In Court
printer mail-detail

If service of a divorce petition on the respondent abroad is bad...

If service of a divorce petition on the respondent abroad is bad because the exacting requirements of the Family Procedure Rules 2010 (FPR) have not been complied with but the respondent takes no point and acknowledges service, should the court take any point?

The requirements for service of a petition out of the jurisdiction are generally laid down by the relevant Regulation or Convention (which are therefore reflected in the FPR) or, where none applies, the law of the country in which the petition is to be served: FPR r 6.43(3). In the case of service under Council Regulation (EC) No 1393/2007, the effect of Art 19 of the Regulation is that where the respondent has appeared, it is not necessary to establish that service has been effected in accordance with the Regulation; a similar position applies to service under the 1965 Hague Convention on Service, by virtue of Art 15 of the Convention.

Accordingly, unless the acknowledgement itself raises an issue about the validity of service, it is not necessary for the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll