AO v EO

AO v EO

The English court has jurisdiction because the wife was habitually resident in England from 14 January 2024 and had been resident in England for at least one year prior to her divorce application. Nigeria is not a more appropriate forum; England is the natural forum for the proceedings given the family's connections, the location of the main asset, and procedural advantages. The proceedings in England should not be stayed.

Parties
Applicant/wife: AO; Respondent/husband: EO
Jurisdiction
England and Wales
Judgment Date
13 March 2026
Procedural Posture
Divorce and Financial Remedies / Ruling on Jurisdiction and Forum Non Conveniens
Outcome
Jurisdiction and forum objections dismissed; English proceedings to continue.
Legal Topics
Jurisdiction in Divorce, Forum Non Conveniens, Habitual Residence, Financial Remedies, Costs Orders
Family Law Private International Law Jurisdiction in Divorce Forum Non Conveniens Habitual Residence Financial Remedies Costs Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 14 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

AO

Applicant/wife

EO

Respondent/husband

Procedural Posture

Divorce and Financial Remedies / Ruling on Jurisdiction and Forum Non Conveniens

Legal Issues

  1. 1 Whether the English court has jurisdiction to hear the divorce based on the wife's habitual residence and residence for at least one year prior to the application
  2. 2 Whether Nigeria is a more appropriate forum for the divorce and financial remedies proceedings than England and Wales

Ratio Decidendi

The English court has jurisdiction because the wife was habitually resident in England from 14 January 2024 and had been resident in England for at least one year prior to her divorce application. Nigeria is not a more appropriate forum; England is the natural forum for the proceedings given the family's connections, the location of the main asset, and procedural advantages. The proceedings in England should not be stayed.

Court Disposition

Jurisdiction and forum objections dismissed; English proceedings to continue.

Orders

  • The English court has jurisdiction to hear the divorce and financial remedies applications.
  • The proceedings in England will not be stayed; the Hemain injunction is continued until conclusion of the English proceedings.