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Thanks a lot for your reply.
I understand what you say with regards ***** *****
However, as the divorce petition was submitted in February, can she also be considered as habitual resident in UK (having settled here for family reasons) at the time when the divorce petition was submitted? As she disputed the jurisdiction, I suppose the judge will verify her habitual residence instead than mine.
If only my position of habitual resident is taken into consideration, because her position is not relevant, have I to submit a new divorce petition with only me as habitual resident?
If the divorce can no longer be defended, this means that after 6 weeks after decree nisi I can apply for dissolution without problems?
I am a bit confused.
When I filed the divorce petition, I had in mind the UK definition of 'habitual residence' and 'domicile'. I stated that both Petitioner and Respondent are habitually resident in UK; she replied to Court stating that she is habitually resident in Switzerland (where separation occurred 2 years ago) but temporarily domiciled in UK for family reasons. But she was not living physically in Switzerland at the time the divorce petition was submitted because she was living here (in practice she does not want to divorce and only wants to lose time).
My questions (the last one) are:
1 - Based on above and previous mail, is the Court which decides if she is habitual resident here according to the UK Law, or this decision is based on her agreement or disagreement?
2 - If I decide to file the divorce petition as you suggest she will always dispute the jurisdiction. Can she do this and lose again time?