Refusal of Application for Stay of Divorce Petition, Re
England is the natural forum for the parties' divorce proceedings as both parties are habitually resident and domiciled in England, the bulk of assets are in England, and the balance of fairness and convenience favours England. H failed to discharge the burden to show Egypt is clearly more appropriate. Application for stay is refused.
- Parties
- Applicant: A; Respondent: B
- Jurisdiction
- England and Wales
- Judgment Date
- 11 December 2025
- Procedural Posture
- Divorce / Application for Stay Pending Concurrent Proceedings
- Outcome
- Application for stay refused; England is the appropriate forum.
- Legal Topics
- Forum Non Conveniens, Concurrent Proceedings, Jurisdiction, Domicile, Habitual Residence
Case Brief
Summary, issues, holding and outcome
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Parties
A
Applicant
B
Respondent
Procedural Posture
Divorce / Application for Stay Pending Concurrent Proceedings
Legal Issues
- 1 Whether England or Egypt is the appropriate forum for divorce proceedings
- 2 Whether a stay should be granted pending Egyptian proceedings
- 3 Whether service in Egyptian proceedings was valid
Ratio Decidendi
England is the natural forum for the parties' divorce proceedings as both parties are habitually resident and domiciled in England, the bulk of assets are in England, and the balance of fairness and convenience favours England. H failed to discharge the burden to show Egypt is clearly more appropriate. Application for stay is refused.
Court Disposition
Application for stay refused; England is the appropriate forum.
Orders
- H's application for a stay is dismissed.
- Proceedings to continue in England.
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