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DIY - Part 3 Jurisdiction - help please

  • Dorset4me
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30 Apr 11 #265783 by Dorset4me
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I live in England and have done all my life, my ex husband now lives in Eire (Ireland)
(We were married in England, separated in 1979, own no property together, no children & agree to divorce.
On the form D8- Part 3, I have given the last address we lived in together and ticked the box underneath (Article 3(1) of the Council Regulation (EC) No 2201/2003 of 27 November 2003)

Do I then tick the 'Other' box and write 'The Petitioner is domiciled and habitually resident in England and Wales and has resided there for at least six months prior to the Petition.'

And then leave the rest of the page blank

Thanks in advance for your help

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30 Apr 11 #265794 by dukey
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I take it your the petitioner?

How long has your ex lived in Eire?

If your ex was born in England or Wales and you are the Petitioner.

The Petitioner is habitually resident in England and Wales the respondent is domiciled in England and Wales.

That should do it :)

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01 May 11 #265908 by Dorset4me
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Hi Dukey
Yes I am the Petitioner & mu ex-husband has agreed to the divorce.

I am not sure when he actually moved to Eire as he travelled abroad for some time but he has been living there for more than 20 years.

So do I tick the Article 3(1) box, then 'Other'
then 'The Petitioner is domiciled & habitually resident in England and Wales and has resided there for at least six months prior to the petition'

Thanks
Sally

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01 May 11 #265910 by dukey
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Tick this box

"The court has jurisdiction other than under the Council Regulation on the basis that no court of a Contracting State has jurisdiction under the Council Regulation and the Petitioner Respondent is domiciled in England and Wales on the date when this application is issued"

He is not habitually resident here nor has he lived here in the six months prior to the Petition, his domicile status remains the same though (most of the time) ask the clerk to check the form when you take it to court, these forms are new so its a learning curve.

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01 May 11 #265923 by Dorset4me
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Hi Dukey
After a bit of fiddling I managed to get an editable copy of page 3 into word which I attach.

Hope you don't mind me questioning but why do I not tick the box re Article 3(1) - I understand that it is EU law, but as we both live in EU countries does it not apply?

Leading on from that - I don't really understand what the statement 'The court has jurisdiction......' etc etc means, but gather this is the one you suggest I fill out.

I have also filled out 'Other' and the box - should I leave this out? If not, should I expand by saying I have lived in England permanently since 1979, or just leave it blank.

I will check with the court when I take the form in on Friday but as they require 3 copies it would be good to get it right if I can.

Many, many thanks - your help is much appreciated
Sally

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