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06 November 2014 / Jonathan Herring
Issue: 7629 / Categories: Features , Family
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The divorce debacle

herring

Jonathan Herring reports on a rare case of divorce fraud

It is not often that cases on divorce are reported these days. Generally granting divorce is essentially a bureaucratic procedure and defended divorce cases are even rarer than a legal aid certificate in the family law courts. Indeed the government has indicated plans to introduce divorce through the internet at some point in the future.

Front page news

Much media excitement greeted Rapisarda v Colladon [2014] EWFC 35, [2014] All ER (D) 03 (Oct), where Sir James Munby gave the judgment. The case involved “a conspiracy to pervert the course of justice on an almost industrial scale” (para 1). The court needed to consider 180 divorce petitions issued between August 2010 and February 2012 to 137 different county courts from all around the country.

The judgment contains, by way of background, a helpful summary of the divorce procedure in England and Wales: “An application for divorce is made in the English court by an originating process called a petition. The person applying for divorce

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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