UK Wedding News
31/10/2013
Yesterday (30 October) at the High Court, Sir James Munby, President of the Family Division was told how numerous couples from Italy had faked residencies in the UK in order to avoid a lengthy, and often expensive, divorce process in their native country.
The fraudulent activity was only spotted however, when – in 179 of the cases – one of the divorcing parties had provided the same home address in High Street, Maidenhead, Berkshire.
The address is not actually a residential property, but a post office box.
In the 180th case, the petitioner is said to have provided an address in Epsom, Surrey, but all spouses being divorces said they lived in Italy.
As a result, Simon Murray – a lawyer whose job is to protect the integrity of the divorce process – has asked Sir Munby to overrule the decree nisi and decrees absolute that were granted to each of the couples involved.
In Italy, couples wishing to get divorced face a mandatory three-year legal separation period, but it is thought many have been trying to get around this lengthy process by taking advantage of a European Union legislation that recognises divorces granted in any member state. After obtaining foreign residency, couples can file for divorce after six months in those countries, but it is illegal to use a false residency for this purpose.
Mr Murray is quoted in the media as saying: "Italian couples were charged some 4,000 euros in each case for a fast-track divorce, with a post office box in Maidenhead being used to establish residency. It seems that this was a fraud. The decrees should be rescinded.
"It is a requirement of the law of England and Wales that a person seeking a divorce in the English and Welsh courts has been habitually resident in England for a period of at least one year immediately before issuing a petition of divorce, or that the respondent was habitually resident within the jurisdiction.
"The English and Welsh courts have no jurisdiction to consider divorce applications by parties who are both resident abroad."
He added that all but two of the 180 said they would not oppose their divorces being revoked.
The hearing continues.
(JP/CD)
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Italians Go To Britain 'For Easier Divorces'
It has been reported that Britain's most senior family judge has been asked to annual 180 divorces that have been granted to Italian couples, after they were exposed as being fake.Yesterday (30 October) at the High Court, Sir James Munby, President of the Family Division was told how numerous couples from Italy had faked residencies in the UK in order to avoid a lengthy, and often expensive, divorce process in their native country.
The fraudulent activity was only spotted however, when – in 179 of the cases – one of the divorcing parties had provided the same home address in High Street, Maidenhead, Berkshire.
The address is not actually a residential property, but a post office box.
In the 180th case, the petitioner is said to have provided an address in Epsom, Surrey, but all spouses being divorces said they lived in Italy.
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As a result, Simon Murray – a lawyer whose job is to protect the integrity of the divorce process – has asked Sir Munby to overrule the decree nisi and decrees absolute that were granted to each of the couples involved.
In Italy, couples wishing to get divorced face a mandatory three-year legal separation period, but it is thought many have been trying to get around this lengthy process by taking advantage of a European Union legislation that recognises divorces granted in any member state. After obtaining foreign residency, couples can file for divorce after six months in those countries, but it is illegal to use a false residency for this purpose.
Mr Murray is quoted in the media as saying: "Italian couples were charged some 4,000 euros in each case for a fast-track divorce, with a post office box in Maidenhead being used to establish residency. It seems that this was a fraud. The decrees should be rescinded.
"It is a requirement of the law of England and Wales that a person seeking a divorce in the English and Welsh courts has been habitually resident in England for a period of at least one year immediately before issuing a petition of divorce, or that the respondent was habitually resident within the jurisdiction.
"The English and Welsh courts have no jurisdiction to consider divorce applications by parties who are both resident abroad."
He added that all but two of the 180 said they would not oppose their divorces being revoked.
The hearing continues.
(JP/CD)
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