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 convenience of witnesses, delay and expense.
Citations:
Gazette 26-Mar-1997, Times 06-Mar-1997, [1997] EWCA Civ 1049, [1998] 1 WLR 1208
Statutes:
Domicile and Matrimonial Proceedings Act 1973 9(1)
Jurisdiction:
England and Wales
Citing:
See Also – Butler v Butler CA 5-Dec-1996
. .
Cited by:
Cited – Otobo v Otobo; O v O (Appeal against Stay: Divorce Petition) CA 2-Jul-2002
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 . .
Lists of cited by and citing cases may be incomplete.
Family, Jurisdiction
Updated: 10 July 2022; Ref: scu.78784