AJ v DM

Divorce – Jurisdiction. The wife's application to amend a petition of divorce to plead that the court had the legal power to deal with the application under art 3(1)(a) of Council Regulation (EC) No. 2201/2003 (indent 2), on the basis that the petitioner and respondent were last habitually resident in England and Wales and the petitioner still resided there, was dismissed. The Family Division ruled, among other things, that, on the facts, the parties had not been last habitually resident in England and Wales. They had been habitually resident last in St Lucia. Accordingly, the new ground proposed by the amended petition could not be made out.

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