Divorce Jurisdiction
Paradigm Family Law successfully represented a client through the International Jurisdiction arena and helped to establish jurisdiction in England & Wales. In this first decision after the Court of Appeal Judgment in Thum v Thum [2018] EWCA Civ 624, a Husband claimed to have never been served and issued his own divorce petition (“Scheidungsantrag”) in Germany.
In MB v TB (Rev 1) [2018] EWHC 2035 (Fam) the husband, represented by Hughes Fowler Carruthers a top London inner circle firm, failed to convince High Court Judge Williams that the German Court has jurisdiction on the basis that he filed first in time in Germany. He claimed that at the time of issuing Wife’s divorce petition in England she breached EU Service rules. High Court Judge Williams disagreed with his case and gave clear guidance why this case should be in England & Wales.
Frank Arndt, Senior Partner says:
“ Our client was previously also represented by top London firms before she came to us.
Astonishingly, both sets of London firms did not protect our client’s interest by raising the jurisdiction issue in its entirety and in its correct format after the first instance decision in Thum by Mostyn J was published.
In this very complex jurisdiction case, our client’s previous Solicitor did not take the international special circumstances in cross border cases fully into account.
This is another example of why it is so important to seek early advice from an experienced special international team so that all factual unique jurisdiction points in the case can be fully explored and successfully argued.
Without our experienced input, our client would have followed a wrong path of no return and would have lost significant advantages in this jurisdiction.”
For the full judgement please read: “ MB v TB (Rev 1) [2018] EWHC 2035 (Fam)
Contact
Paradigm Family Law have a team of experienced and highly recommended divorce lawyers to help guide you through the process of divorce, just waiting to hear from you.
If you would like more details on this or want to discuss your family law matter, please do not hesitate to contact James, Frank, or Evelyn. Paradigm Family Law offers a free initial consultation with a top rated divorce lawyer and our fixed fee solutions cover financial proceedings from start to finish. You can call us on 01904 217225 or email us to [email protected].
