AR v BR

AR v BR

The English court is the appropriate forum for the divorce and financial remedy proceedings because the parties are UK nationals, the property is in England, the English proceedings were first in time, and the Dubai court is not positioned to deal with the financial remedy. The applicant remains domiciled in England and the respondent has not discharged the burden of proving otherwise.

Parties
Applicant: AR; Respondent: BR
Jurisdiction
England and Wales
Judgment Date
13 March 2023
Procedural Posture
Divorce and Financial Remedy / Jurisdictional Determination and Application for Final Order
Outcome
Jurisdiction found in favour of the English court; application for final order of divorce granted.
Legal Topics
Divorce, Jurisdiction, Domicile, Financial Remedy
Family Law Divorce Jurisdiction Domicile Financial Remedy

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Parties

AR

Applicant

BR

Respondent

Procedural Posture

Divorce and Financial Remedy / Jurisdictional Determination and Application for Final Order

Legal Issues

  1. 1 Whether the English court or the Dubai court is the appropriate forum for divorce and financial remedy proceedings
  2. 2 Whether the conditional order of divorce in England should be made final

Ratio Decidendi

The English court is the appropriate forum for the divorce and financial remedy proceedings because the parties are UK nationals, the property is in England, the English proceedings were first in time, and the Dubai court is not positioned to deal with the financial remedy. The applicant remains domiciled in England and the respondent has not discharged the burden of proving otherwise.

Court Disposition

Jurisdiction found in favour of the English court; application for final order of divorce granted.

Orders

  • The Central Family Court is the appropriate forum for divorce and financial remedy proceedings.
  • The conditional order of divorce is to be made final immediately or as soon as possible.