The husband had commenced proceedings for divorce in Germany. The husband was German, and the wife became German upon the marriage, but they had lived in London. The wife was second to issue, beginning proceedings in London. The district judge recorded the parties’ agreement that the German court should be seized, save of article 12 matters. The wife obtained an ancillary relief maintenance order, which the husband now appealed.
Held: The maintenance order was an unwarranted invasion of the jurisdiction of the German court. It was not protective, and nor was the case urgent. Brussels II has no direct application to ancillary relief claims. It was wrong for an English court to seek to usurp the Convention. Substantial sums had been spent on legal costs unnecessarily in London.
Judges:
Thorpe, Latham, LJJ, Lawrence Collins J
Citations:
Times 07-Feb-2003, [2003] EWCA Civ 50, [2003] 1 WLR 942
Links:
Statutes:
Council Regulation No 1347/2000/EC (OJ 2000 L160/19) 12
Jurisdiction:
England and Wales
Family, Jurisdiction, European
Updated: 07 June 2022; Ref: scu.179018