SA v FA

SA v FA

Both parties were domiciled in England as at 20th September 2021, so the English court had jurisdiction. However, the UAE is the natural and more appropriate forum for the divorce and financial remedies, given the parties' long-term habitual residence and connection to the UAE. The English proceedings should be stayed in favour of the UAE proceedings, subject to undertakings by the husband.

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 Determination
Outcome
Stay of English divorce proceedings granted in favour of UAE forum, conditional on undertakings by the husband.
Legal Topics
Domicile, Jurisdiction, Forum Non Conveniens, Divorce, Financial Remedies
Family Law Private International Law Domicile Jurisdiction Forum Non Conveniens Divorce Financial Remedies

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Parties

SA

Petitioner/wife

FA

Respondent/husband

Procedural Posture

Divorce and Financial Remedies / Jurisdiction and Forum Determination

Legal Issues

  1. 1 Whether the English court has jurisdiction to hear the divorce based on domicile as at 20th September 2021
  2. 2 Whether the UAE is a more appropriate forum for the divorce and financial applications and whether a stay of English proceedings should be granted

Ratio Decidendi

Both parties were domiciled in England as at 20th September 2021, so the English court had jurisdiction. However, the UAE is the natural and more appropriate forum for the divorce and financial remedies, given the parties' long-term habitual residence and connection to the UAE. The English proceedings should be stayed in favour of the UAE proceedings, subject to undertakings by the husband.

Court Disposition

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

Orders

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