KV v KV (No 2)

KV v KV (No 2)

Applicant was habitually resident in England at the time of her divorce application and for the preceding twelve months. Respondent failed to prove E country is a more appropriate forum. English proceedings should not be stayed. Applicant's claim to trust assets in E country is illusory unless she proves lack of consent to transfer. English court has jurisdiction and is the natural forum for the parties' disputes.

Parties
Applicant Wife: KV; Respondent Husband: KV
Jurisdiction
England and Wales
Judgment Date
02 December 2025
Procedural Posture
Divorce / Preliminary Issues Trial: Jurisdiction and Forum
Outcome
Jurisdiction established in England; stay application refused.
Legal Topics
Jurisdiction, Habitual Residence, Forum Non Conveniens, Recognition of Foreign Divorce, Matrimonial Property, Trust Assets
Family Law Private International Law Jurisdiction Habitual Residence Forum Non Conveniens Recognition of Foreign Divorce Matrimonial Property Trust Assets

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Parties

KV

Applicant Wife

KV

Respondent Husband

Procedural Posture

Divorce / Preliminary Issues Trial: Jurisdiction and Forum

Legal Issues

  1. 1 Whether the English court has jurisdiction for divorce based on habitual residence
  2. 2 Whether English proceedings should be stayed in favour of E country proceedings
  3. 3 Recognition and enforceability of English divorce and financial orders in E country

Ratio Decidendi

Applicant was habitually resident in England at the time of her divorce application and for the preceding twelve months. Respondent failed to prove E country is a more appropriate forum. English proceedings should not be stayed. Applicant's claim to trust assets in E country is illusory unless she proves lack of consent to transfer. English court has jurisdiction and is the natural forum for the parties' disputes.

Court Disposition

Jurisdiction established in England; stay application refused.

Orders

  • English divorce proceedings to continue; no stay in favour of E country proceedings.
  • Applicant entitled to pursue financial claims in England.