Olafisoye v Olafisoye

Olafisoye v Olafisoye

The court found that the wife was habitually resident in England and Wales for at least a year immediately before the date of her petition and, in the alternative, was domiciled in England and Wales on that date. Therefore, the court has jurisdiction to entertain the wife's amended petition for divorce.

Parties
Petitioner/wife: Eno Elim Olafisoye; Respondent/husband: Chief Adebiyi Obiajulu Olafisoye
Jurisdiction
England and Wales
Judgment Date
19 February 2010
Procedural Posture
Divorce and Ancillary Relief / Jurisdictional Determination
Outcome
Jurisdiction established; court will entertain the wife's amended petition for divorce.
Legal Topics
Divorce Jurisdiction, Habitual Residence, Domicile, Recognition of Foreign Divorce, Brussels II Regulation
Family Law Private International Law Divorce Jurisdiction Habitual Residence Domicile Recognition of Foreign Divorce Brussels II Regulation

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Parties

Eno Elim Olafisoye

Petitioner/wife

Chief Adebiyi Obiajulu Olafisoye

Respondent/husband

Procedural Posture

Divorce and Ancillary Relief / Jurisdictional Determination

Legal Issues

  1. 1 Whether the High Court of England and Wales has jurisdiction to entertain the wife's petition for divorce under the Domicile and Matrimonial Proceedings Act 1973 and Council Regulation (EC) No 2201/2003 (Brussels IIa)
  2. 2 Whether the wife was habitually resident or domiciled in England and Wales on the date of the petition (17 May 2005)
  3. 3 Whether the spouses were last habitually resident in England and Wales and the wife still resided there on the date of petition

Ratio Decidendi

The court found that the wife was habitually resident in England and Wales for at least a year immediately before the date of her petition and, in the alternative, was domiciled in England and Wales on that date. Therefore, the court has jurisdiction to entertain the wife's amended petition for divorce.

Court Disposition

Jurisdiction established; court will entertain the wife's amended petition for divorce.

Orders

  • The court holds that it has jurisdiction to entertain the wife's amended petition for divorce on the grounds of habitual residence and, if necessary, domicile.