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Court location

  • NMMK
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23 Aug 07 #2329 by NMMK
Topic started by NMMK
I have just recieved a "notice of Intention to proceed with Ancillary Relief" It has been lodged in Newcastle - we both Live in London - we have never lived in Newcastle but my wife's solicitor is from there on the advice of a friend.

Can i insist on it being moved to Londo or do they have to agree?

  • LittleMrMike
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23 Aug 07 #2350 by LittleMrMike
Reply from LittleMrMike
Not sure, really, because my knowledge is a wee bit out of date and I don't have access to the current rules.

The rule certainly used to be that a petition could be presented at any divorce registry. I'm pretty sure you can apply for a transfer to another registry. If there is agreement, this should present no problem, but otherwise you can apply for a transfer. It would seem sensible, if you both live in London.

I think, if I were you, I'd phone the local divorce registry and as them to confirm this. But one more thing - you might ask them how long ancillary relief applications are taking in London, and you might ask the same question in Newcastle. I think it is at least possible that Newcastle might dispose of the case quicker than London would.

Trouble is, if your solicitors are in London and hers in Newcastle, wherever you have the proceedings is going to be inconvenient for one solicitor or another, and I
think the ' foreign ' solicitor might brief counsel or local agents rather than go himself, and this can add to the costs. But everyone has the right to a solicitor of his or her choice.
Mike 100468

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