ER v BF [2018] EWFC 18 (23 February 2018)

ER v BF [2018] EWFC 18 (23 February 2018)

The balance of fairness, including convenience, comes down clearly in favour of the English court continuing to exercise jurisdiction. Both parties were habitually resident in England at the time of the petition, the wife is permanently settled and would face significant hardship litigating in New Zealand, and the English court can resolve all issues in one set of proceedings. The husband's application for a stay is refused.

Citation
[2018] EWFC 18
Parties
Petitioner: ER; Respondent: BF
Jurisdiction
England and Wales
Judgment Date
23 February 2018
Procedural Posture
Divorce and Financial Remedies / Application for Stay of Proceedings
Outcome
Application for stay of proceedings refused
Legal Topics
Divorce, Jurisdiction, Forum Non Conveniens, Financial Remedies, Stay of Proceedings
Family Law Divorce Jurisdiction Forum Non Conveniens Financial Remedies Stay of Proceedings

Case Brief

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Parties

ER

Petitioner

BF

Respondent

Procedural Posture

Divorce and Financial Remedies / Application for Stay of Proceedings

Legal Issues

  1. 1 Whether English proceedings for divorce and financial remedies should be stayed in favour of concurrent proceedings in New Zealand
  2. 2 Which jurisdiction is the appropriate forum for resolution of matrimonial issues

Ratio Decidendi

The balance of fairness, including convenience, comes down clearly in favour of the English court continuing to exercise jurisdiction. Both parties were habitually resident in England at the time of the petition, the wife is permanently settled and would face significant hardship litigating in New Zealand, and the English court can resolve all issues in one set of proceedings. The husband's application for a stay is refused.

Court Disposition

Application for stay of proceedings refused

Orders

  • Application for stay of proceedings is refused.
  • Transcript of the judgment to be prepared at joint expense and may be disclosed to the New Zealand court.