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12 September 2014
Issue: 7621 / Categories: Case law , Law digest , In Court
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Family proceedings

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Barnett v Barnett [2014] EWHC 2678 (Fam), [2014] All ER (D) 36 (Aug)

The parties divorced in Bulgaria and the wife applied pursuant to s 13 of the Matrimonial and Family Proceeding Act 1984, for leave to apply for financial relief pursuant to Pt III of that Act after an overseas divorce between the parties. The Family Division held that leave would be granted and that rr 14 and 15 of Family Court (Composition and Distribution of Business) Rules 2014 (SI 2014/840) read together with the definition of “the court” in the Act meant that at the point of granting leave the court, acting judicially, might make a decision as to where the substantial application should be issued and as to the allocation of the future substantive proceedings.

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