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In over 180 cases, Italian couples have had their decree nisi and decree absolutes overturned following an uncovering of a scam by the Court staff who spotted that in 179 cases, one of the divorcing parties had given the same home address in the High Street Maidenhead which was not a residential property but the home of a post box.
The reason behind the scam appear to be that the couples of the devoutly Catholic country would face a three-year legal separation period in Italy but can bypass this using European Union legislation that recognises divorces granted in any member state.
However it is a requirement of the Law in England and Wales that a person seeking a divorce must have been habitually resident in England or Wales for a period of at least one year immediately before issuing the divorce petition or that the respondent was habitually resident within the jurisdiction. Simon Murray, for the Queen’s Proctor commented that ‘The English and Welsh Court have no jurisdiction to consider divorce application by parties who are both resident abroad.’ To read the full article please click on the link below
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