Maintenance in England, divorce in Scotland
H disputed the right of W to seek maintenance before and English court, saying that the parties had mostly lived in Scotland, and the divorce was being conducted there.
Held: (Wilson, Hales LL dissenting) H’s appeal failed. The divorce and the maintenance action were distinct, and the European Regulations gave the England court jurisdiction.
Judges:
Lady Hale, Lord Kerr, Lord Wilson, Lady Black, Lord Sales
Citations:
[2020] UKSC 30, [2020] 2 FLR 917, [2020] 2 FCR 815, [2020] WLR(D) 391, [2021] 1 All ER 175
Links:
Statutes:
Matrimonial Causes Act 1973 27, Council Regulation (EC) No 4/2009
Jurisdiction:
England and Wales
Family, Jurisdiction, European
Updated: 11 July 2022; Ref: scu.652175
