ER v BF

The balance of fairness and convenience favours the English court continuing to exercise jurisdiction over both divorce and financial remedies, as both parties were habitually resident in England, the wife is permanently settled, the English court can resolve all financial issues in one set of proceedings, and litigating in New Zealand would be burdensome for the wife, particularly given her health.

Parties: Petitioner: ER; Respondent: BF
Jurisdiction: England and Wales
Judgment Date: 23 February 2018
Procedural Posture: Divorce and Financial Remedies / Ruling on Application for Stay of Proceedings
Outcome: Application for stay of proceedings refused.
Legal Topics: Forum Non Conveniens, Stay of Proceedings, Jurisdiction, Matrimonial Causes, Financial Remedies

Family Law Private International Law Forum Non Conveniens Stay of Proceedings Jurisdiction Matrimonial Causes Financial Remedies

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 1

Parties

Petitioner

Respondent

Procedural Posture

Divorce and Financial Remedies / Ruling on Application for Stay of Proceedings

Legal Issues

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

Ratio Decidendi

Court Disposition

Application for stay of proceedings refused.

Orders

Transcript of judgment to be expedited and disclosed to New Zealand court.
Parties to exchange statements on means, maintenance budgets, and legal services order by 9th March 2018.