KV v KV (No. 2) [2024] EWFC 359 (13 December 2024)

KV v KV (No. 2) [2024] EWFC 359 (13 December 2024)

Applicant was habitually resident in England at the time of her divorce application and for the preceding twelve months. The English court has jurisdiction. Respondent failed to prove E country is a more appropriate forum. English proceedings will not be stayed.

Source-derived case information.

Citation
[2024] EWFC 359
Parties
Applicant Wife: KV; Respondent Husband: KV [No. 2]
Jurisdiction
England and Wales
Judgment Date
13 December 2024
Procedural Posture
Divorce and Ancillary Relief / Preliminary Issues Trial (jurisdiction and Forum)
Outcome
English court has jurisdiction; proceedings will not be stayed.
Legal Topics
Jurisdiction, Forum Conveniens, Habitual Residence, Recognition of Foreign Divorce, Matrimonial Property, Trust Assets, Stay of Proceedings
Family Law Private International Law Jurisdiction Forum Conveniens Habitual Residence Recognition of Foreign Divorce Matrimonial Property Trust Assets +1 more

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Parties

KV

Applicant Wife

KV [No. 2]

Respondent Husband

Procedural Posture

Divorce and Ancillary Relief / Preliminary Issues Trial (jurisdiction and Forum)

Legal Issues

  1. 1 Whether the English court has jurisdiction based on applicant's habitual residence
  2. 2 Whether English proceedings should be stayed in favour of E country proceedings
  3. 3 Recognition of English divorce in E country

Ratio Decidendi

Applicant was habitually resident in England at the time of her divorce application and for the preceding twelve months. The English court has jurisdiction. Respondent failed to prove E country is a more appropriate forum. English proceedings will not be stayed.

Court Disposition

English court has jurisdiction; proceedings will not be stayed.

Orders

  • English divorce proceedings to continue; no stay granted.
  • Applicant entitled to proceed with financial claims in England.