Family Law Journal  Fam Law 873
Setting aside an order: the service process: Wilmott v Maughan
The parties married in 1991, separated in the 1990s with a decree absolute in 2001. The final financial remedy consent order was in June 2007. By October 2011 W had, in the face of H’s default, started enforcement proceedings under the 2007 consent order which had since continued. H maintained he had been resident in Istanbul working as an air pilot since 2011. Leave to appeal (King LJ) had been granted to H but restricted only to orders relating to W’s enforcement applications made after 1 July 2013.
The relevant procedural history started with an order of Ryder J (as he was then) in January 2012. H had initially applied to set aside or vary all orders in the family proceedings allegedly for fraud, misrepresentation or material non-disclosure and H was recorded as saying he would provide the court with a post office box number in Somerset for service. Ryder J had dismissed H’s application to set aside/vary on the basis that it did not demonstrate even a prima facie case. In November 2012, Ryder J granted W a further order for alternative service when H failed to provide the promised service post office box number. Service was to be deemed if sent by email to one of two specified addresses.
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