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Court order for residents in other EU countries??

11 replies

Blacklight80 · 29/06/2017 14:39

Can U.K. courts make orders where one of the parties is a former U.K. resident (during the marriage) but after the divorce have become a resident in another EU country?

OP posts:
Collaborate · 29/06/2017 16:12

Yes. If you're acting in person you must check the rules for service.

Blacklight80 · 29/06/2017 16:34

Sorry, what does "rules for service" mean?

OP posts:
Collaborate · 29/06/2017 18:10

If you have to serve orders abroad there are rules to follow - I can't link you to them right now.

Familylawsolicitor · 29/06/2017 19:02

This reply has been deleted

Message withdrawn at poster's request.

Blacklight80 · 29/06/2017 20:27

Familylawsolicitor, yes exactly. We never did anything with the finances before the divorce went through. ExH has now moved away and no longer resident in the U.K.

OP posts:
Collaborate · 29/06/2017 21:14

this is the regulation dealing with service abroad. It's an EU regulation:

www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd_part_06b#IDA0KUIC

Blacklight80 · 29/06/2017 22:16

@Collaborate, am I right when I read your link as rules on how to serve the application on the other party?

OP posts:
Blacklight80 · 29/06/2017 22:17

I was worried I couldn't start a court case with him out of jurisdiction?

OP posts:
Collaborate · 30/06/2017 00:05

am I right when I read your link as rules on how to serve the application on the other party?
That's right. Not easy to follow so you need to read it carefully, or do you have a solicitor acting for you?

Blacklight80 · 30/06/2017 22:26

I will do, now that I know that it's possible. Thought I'd ask here first :)

OP posts:
Collaborate · 30/06/2017 22:57

Make sure they know what they're doing. A colleague recently had a final order set aside due to the whole thing not having been served properly on the respondent (he was acting for the respondent btw).

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