Please help- Article 3(1)

Hi,
I've just received my petition back stating:
"Your petition for divorce has not been issued for the following reason:

At paragraph 3, jurisdiction must be proved in accordance with Article 3(1) of the council"

Does anyone know how i can go about getting this proof?

On paragraph 3 of the petition, I stated:
"The court has jurisdiction other than under Council Regulation on the basiss that no Contracting state has jurisdiction under the Council Regulation and the petitioner is domiciled in England and Wales on the date when the petition is issued"
(i got this statement from the notes on the petition)

Please, if anyone has any suggestions or advice, they would be greatly appreciated,
Thank you
Clueless Fairy

Hi there

All you needed to put is that the petitioner is domiciled in England and Wales...you have confused the court clerks with your added extra bits.

Amanda

Hello

As long as the Petitioner has lived in England or Wales for six months your fine and now for the boreing stuff





General jurisdiction

1. In matters relating to divorce, legal separation or marriage annulment, jurisdiction shall lie with the courts of the Member State

(a) in whose territory:

- the spouses are habitually resident, or

- the spouses were last habitually resident, insofar as one of them still resides there, or

- the respondent is habitually resident, or

- in the event of a joint application, either of the spouses is habitually resident, or

- the applicant is habitually resident if he or she resided there for at least a year immediately before the application was made, or

- the applicant is habitually resident if he or she resided there for at least six months immediately before the application was made and is either a national of the Member State in question or, in the case of the United Kingdom and Ireland, has his or her "domicile" there;

(b) of the nationality of both spouses or, in the case of the United Kingdom and Ireland, of the "domicile" of both spouses.

2. For the purpose of this Regulation, "domicile" shall have the same meaning as it has under the legal systems of the United Kingdom and Ireland.


Article 4

I have a received a Petition from the UK from my wife who has been living in the UK for just 7 months. She is neither a UK national nor domiciled there. She had never previously lived there. How has she persuaded the court to issue this since it is supposed to be 12 months? Could she have simply 'fibbed' ?

Is it correct that it also depends whether you were living in the EU or not previously if it is more than 6 months and less than 12 ?

(which we were not)

I don`t really know, maybe she did tell fibs, you could contact court yourself and ask.

If you do though and the divorce application is withdrawn you will only be delaying it for another five months.