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Confused by D8

  • Sarah34
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13 Aug 12 #349314 by Sarah34
Topic started by Sarah34
Hello,

I''m divorcing my husband which is very sad but that''s life. I now live in the US and he is resident in the UK. I am filling in the D8 and I''m a bit confused as to which boxes to tick.

It''s Part 3 ''Jurisdiction'' the section after "The court has jurisdiction to hear this case under...". We were married in the UK it wasn''t a civil partnership and only he lives in the UK. I am now resident in the US. Would I tick ''Article 3 (1) of the Council Regulation (EC) No 2201/2003 of 27th November '' and also the ''other'' box and write in the box that my husband is resident in the UK?

I think I''ve filled in the rest of the form ok it''s just this section which is confusing me.

If anyone has any advice it would be gratefully received.

Kindest regards,

Sarah

  • LittleMrMike
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14 Aug 12 #349343 by LittleMrMike
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Before the Court can hear a divorce petition in England and Wales it must be satisfied that it has jurisdiction to hear the case at all.

The reason is likely to be " that the respondent ( your husband ) is habitually resident in England and Wales " and if this is true, this is what you put. That''s what gives the Court its jurisdiction.

If the form you have is the same as the one in my textbook ( the damn things do change ) then you''d need to fill in the clause which states that the Petitioner ( you ) is by occupation a xxxxxxx and resides at xxxxxx which is where you get in the bit about living in the USA.

Well, that''s my take on it, if I''m wrong someone wiser will no doubt correct me.

LMM

  • dukey
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14 Aug 12 #349347 by dukey
Reply from dukey
Quite right Mike.

Tick the first box for the EU council bit, then move down to "habitually resident" and tick that, and your done.

  • Sarah34
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14 Aug 12 #349478 by Sarah34
Reply from Sarah34
Thank you so much! These forms are confusing :)

  • Sarah34
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14 Aug 12 #349479 by Sarah34
Reply from Sarah34
Oh have another quick question! If I am claiming the costs from the respondent do I need to send a cheque with the form/copy of my marriage certificate?

Thanks ;)

  • Elphie
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14 Aug 12 #349481 by Elphie
Reply from Elphie
Yes, I had to as costs have to be paid upfront. You can claim back later, but there is no guarantee your costs will be agreed, you just tick the box to show you are planning on claiming the costs.

  • Sarah34
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14 Aug 12 #349484 by Sarah34
Reply from Sarah34
Thanks for letting me know. Very nearly didn''t put the cheque in. You''ve saved me some time. Thanks! :)

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