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19 May 2011
Issue: 7466 / Categories: Case law , Judicial line , In Court
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One marriage: two petitions

Is there an obligation on the part of a divorce petition respondent who seeks a cross-decree...

Is there an obligation on the part of a divorce petition respondent who seeks a cross-decree to file an answer to the lead petition as well as their own petition in the same case?

No, but the respondent may well be advised that it is tactically prudent for them to do both. However, even if the parties petition in the same case and neither files an answer, the Family Procedure Rules 2010 (FPR) rule 71(3)(b) makes it defended and a case management conference has to be directed (rule 7.20(4)).

No doubt the object of these provisions is to enable the court to properly control the proceedings and prevent one of the parties rushing to secure an undefended decree on their petition without linkage to the other petition. We take the view that if on the case management conference the parties are agreed that each of them should be entitled to a decree and the court is satisfied that

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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