Mark v Mark [2002] EWCA Civ 1837 (27 November 2002)

Mark v Mark [2002] EWCA Civ 1837 (27 November 2002)

Resolution of the pure point of law regarding domicile of choice for a spouse with unlawful residence is necessary for jurisdiction in divorce proceedings; proportionality of costs must be considered.

Citation
[2002] EWCA Civ 1837
Parties
Applicant/respondent: David Alchenu Bonaventure Mark; Petitioner/respondent: Vitoria Preye Mark
Jurisdiction
England and Wales
Judgment Date
27 November 2002
Procedural Posture
Appeal From High Court (family Division) / Permission to Appeal and Costs Order Challenged
Outcome
Permission to appeal granted, subject to mediation requirement.
Legal Topics
Domicile of Choice, Jurisdiction for Divorce, Costs in Family Proceedings, Mediation
Family Law Jurisdiction Domicile of Choice Jurisdiction for Divorce Costs in Family Proceedings Mediation

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Parties

David Alchenu Bonaventure Mark

Applicant/respondent

Vitoria Preye Mark

Petitioner/respondent

Procedural Posture

Appeal From High Court (family Division) / Permission to Appeal and Costs Order Challenged

Legal Issues

  1. 1 Whether a spouse with unlawful residence in the UK may acquire a domicile of choice in England and Wales
  2. 2 Jurisdictional basis for dissolution of marriage
  3. 3 Proportionality of legal costs

Ratio Decidendi

Resolution of the pure point of law regarding domicile of choice for a spouse with unlawful residence is necessary for jurisdiction in divorce proceedings; proportionality of costs must be considered.

Court Disposition

Permission to appeal granted, subject to mediation requirement.

Orders

  • No further step in appeal until both parties respond fully to court's invitation to mediate under Court of Appeal ADR scheme.