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You are here: BAILII >> Databases >> England and Wales Family Court Decisions (High Court Judges) >> AR v BR (Re Divorce, Dissolution and Separation Act 2020 and Domicile and Matrimonial Proceedings Act 1973) [2023] EWFC 76 (13 March 2023) URL: http://www.bailii.org/ew/cases/EWFC/HCJ/2023/76.html Cite as: [2023] 3 FCR 29, [2023] EWFC 76 |
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IN THE MATTER OF THE DIVORCE, DISSOLUTION AND SEPARATION ACT 2020 AND IN THE MATTER OF THE DOMICILE AND MATRIMONIAL PROCEEDINGS ACT 1973
42-49 High Holborn London, WC1V 6NP |
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B e f o r e :
(In Private)
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AR |
Applicant |
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- and - |
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BR |
Respondent |
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Official Court Reporters and Audio Transcribers
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THE RESPONDENT appeared In Person.
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Crown Copyright ©
HER HONOUR JUDGE LYNN ROBERTS:
"1. The Applicant wife having obtained a conditional order on the respondent having been served by email only and the service deemed. The respondent having made the Court aware of proceedings in Dubai, which he alleges finalise a Divorce in that Jurisdiction on 22.02.23. The wife's solicitor alleging that this is subject to a period of delay to allow for an appeal.
2. The parties having proceedings in the Central Family Court for Financial Relief. The matter of the validity of the Dubai proceedings and whether the applicant may or may not apply for a Final Order, as a result of those proceedings and whether a Divorce has been finalised shall be transferred urgently to the Central Family Court and marked urgently [for my attention]."
This hearing was listed as soon as possible, because it was clearly very urgent because of the competing jurisdictions and the appeal period, as it appears applies in Dubai.
The Law
"Whereas the two parties are not of the UAE nationality, and neither of them adhered to the application of the law of their country so the law of the United Arab Emirates must be applied".
I interpret that as saying that the Dubai court was not aware that there had already been a conditional order of divorce, the equivalent of a decree nisi under the old law, in existence in this country.