A couple went to live in Scotland with their children. The father was Scottish: the mother English. The mother left the family home and took the children to England without the father’s knowledge, and obtained an ex-parte residence order and a prohibited steps order to prevent the father from removing the children. She also issued … Continue reading M v M (Abduction: England and Scotland): CA 1997
The parties had gone through a ceremony of marriage in Columbia, being both women. After the relationship failed, the claimant sought a declaration that the witholding of the recognition of same-sex marriages recoginised in a foreign jurisdiction was an infringement of her human rights. Held: Such a relationship is recognised in England as a civil … Continue reading Wilkinson v Kitzinger and others: FD 31 Jul 2006
Fairness is the test for choice of forum for staying divorce proceedings. As to prenuptial agreements, Wilson J suggested that there might come a case: ‘where the circumstances surrounding the prenuptial agreement and the provision therein contained might, when viewed in the context of the other circumstances of the case, prove influential or even crucial. … Continue reading S v S (Matrimonial Proceedings: Appropriate Forum) (Divorce: Staying Proceedings): FD 27 Mar 1997
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The parties were born and lived in India and were Hindu. They came to the UK but after separation, returned to India, leaving no assets here. H began divorce proceedings in India, but W then issued a petition here. She now appealed against on order staying her petition, saying that the Court had no jurisdiction … Continue reading Mittal v Mittal: CA 18 Oct 2013
The husband sought to stay divorce proceedings saying that his wife was an illegal overstayer, and could not therefore establish residence either as habitual or as domicile of choice. Held: Jurisdiction existed. The law since Shah had developed and the rule was one of public policy, not of construction. The Human Rights Act required the … Continue reading Mark v Mark: CA 19 Feb 2004
Application pursuant to section 5(6) and paragraph 9 of Schedule 1 to the 1973 Act for a discretionary stay of the divorce proceedings commenced in England. Judges: Moor J Citations: [2017] EWHC 3811 (Fam) Links: Bailii Statutes: Domicile and Matrimonial Proceedings Act 1973 Jurisdiction: England and Wales Family Updated: 14 July 2022; Ref: scu.630762
In divorce proceedings, the issue of forum conveniens is decided by the balance of fairness including convenience. In the end the judge’s discretion is bounded by the statutory considerations which rest upon an evaluation of fairness to the parties rather than upon a comparison of the competing jurisdictions, save insofar as the comparison relates to … Continue reading Butler v Butler: CA 6 Mar 1997
The husband, a wealthy Nigerian had supported further traditional families outside the UK. The wife appealed a stay on her divorce petition. The husband argued that her habitual residence did not support jurisdiction. Agreed expert evidence concluded that the marriage being recognised here the subsequent traditional marriages in Nigeria. The husband then shifted his ground … Continue reading Otobo v Otobo; O v O (Appeal against Stay: Divorce Petition): CA 2 Jul 2002
A petitioner could issue a petition for divorce on the basis of being habitually resident in the UK, even though she would also have habitual residence elsewhere. In this case she had been in England for 161 days out of the year in question. Nevertheless, ordinary residence meant habitual and normal residence adopted voluntarily and … Continue reading Tom Omoghegbe Ikimi v Teresa Omawumi Ikimi: CA 13 Jun 2001
The husband had petitioned for divorce. He came to England only in August 1981, and had only limited leave to stay. The court considered whether the court had jurisdiction. Held: There was no significant difference for this purpose between ‘ordinary’ and ‘habitual’ residence. The court had jurisdiction under the section. Judges: Bush J Citations: [1984] … Continue reading Kapur v Kapur: FD 1984
The court considered applications to set aside some 180 petitions for divorce on the grounds that they appeared to be attempts to pervert the course of justice by wrongfully asserting residence in order to benefit from the UK jurisdiction. Held: It had been asserted that the English court had jurisdiction to entertain the petition in … Continue reading Rapisarda v Colladon (Irregular Divorces): FC 30 Sep 2014
Application for leave to appeal against decree nisi of divorce. Pitchford, Davis LJJ, Sir Stanley Burnton [2013] EWCA Civ 1760 Bailii Domicile and Matrimonial Proceedings Act 1973 England and Wales Family, International Updated: 28 November 2021; Ref: scu.520108
The petitioner sought to divorce her husband. Both were Nigerian nationals, and had married under a valid polygamous marriage in Nigeria. She claimed that the courts had jurisdiction because of her habitual residence here despite the fact that her presence here had come to be a criminal offence under the 1971 Act. Held: The authorities … Continue reading Mark v Mark: HL 30 Jun 2005
References: [2014] EWFC 35 Links: Bailii Coram: Sir James Munby P FD The court considered applications to set aside some 180 petitions for divorce on the grounds that they appeared to be attempts to pervert the course of justice by wrongfully asserting residence in order to benefit from the UK jurisdiction. Held: It had been … Continue reading Rapisarda v Colladon (Irregular Divorces); FC 30 Sep 2014
