SA v FA [2022] EWFC 115 (B) (09 September 2022)

SA v FA [2022] EWFC 115 (B) (09 September 2022)

Both parties were domiciled in England at the date of the petition, so the English court had jurisdiction. However, the UAE, where the parties have been habitually resident for over 14 years and are likely to remain until at least 2028, is the natural forum with the most real and substantial connection. The UAE Non-Muslim Family Court is capable of delivering substantial justice, and the husband's undertakings address concerns about financial support, asset consideration, and legal costs. Therefore, the English proceedings should be stayed in favour of the UAE forum.

Citation
[2022] EWFC 115 (B)
Parties
Petitioner (wife): SA; Respondent (husband): FA
Jurisdiction
England and Wales
Judgment Date
09 September 2022
Procedural Posture
Divorce and Financial Remedies / Jurisdiction and Forum Dispute Determination
Outcome
Stay of English divorce and financial remedy proceedings granted in favour of UAE forum, conditional on undertakings by the husband.
Legal Topics
Domicile, Jurisdiction in Divorce, Forum Non Conveniens, Stay of Proceedings, Financial Remedies on Divorce
Family Law Private International Law Domicile Jurisdiction in Divorce Forum Non Conveniens Stay of Proceedings Financial Remedies on Divorce

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Parties

SA

Petitioner (wife)

FA

Respondent (husband)

Procedural Posture

Divorce and Financial Remedies / Jurisdiction and Forum Dispute Determination

Legal Issues

  1. 1 Whether the English court has jurisdiction to hear the divorce based on domicile
  2. 2 Whether the UAE is a more appropriate forum for the divorce and financial remedies
  3. 3 Whether English proceedings should be stayed in favour of UAE proceedings

Ratio Decidendi

Both parties were domiciled in England at the date of the petition, so the English court had jurisdiction. However, the UAE, where the parties have been habitually resident for over 14 years and are likely to remain until at least 2028, is the natural forum with the most real and substantial connection. The UAE Non-Muslim Family Court is capable of delivering substantial justice, and the husband's undertakings address concerns about financial support, asset consideration, and legal costs. Therefore, the English proceedings should be stayed in favour of the UAE forum.

Court Disposition

Stay of English divorce and financial remedy proceedings granted in favour of UAE forum, conditional on undertakings by the husband.

Orders

  • English divorce and financial remedy proceedings stayed, subject to the husband providing undertakings regarding financial support, asset maintenance, legal costs, and support for the wife's residence in the UAE.