J v U; U v J (No.2) (Domicile)

J v U; U v J (No.2) (Domicile)

The Petitioner acquired and retains a domicile of choice in England from 2000, establishing jurisdiction for divorce and ancillary matters; the Respondent lost his domicile of choice in England and reverted to his domicile of origin in India; the Respondent failed to demonstrate that Sarajevo is a clearly more appropriate forum, so proceedings will continue in England.

Parties
Petitioner: U; Respondent: J
Jurisdiction
England and Wales
Judgment Date
08 March 2017
Procedural Posture
Divorce Petition / Jurisdictional Determination and Forum Conveniens Application
Outcome
Jurisdiction established in England based on Petitioner’s domicile; Respondent’s application for stay dismissed.
Legal Topics
Domicile, Jurisdiction, Forum Non Conveniens, Divorce, Ancillary Relief
Family Law Private International Law Domicile Jurisdiction Forum Non Conveniens Divorce Ancillary Relief

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 13 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

U

Petitioner

J

Respondent

Procedural Posture

Divorce Petition / Jurisdictional Determination and Forum Conveniens Application

Legal Issues

  1. 1 Whether the Petitioner acquired and retains a domicile of choice in England
  2. 2 Whether the Respondent acquired and retains a domicile of choice in England
  3. 3 Whether England is the appropriate forum for the divorce and ancillary matters

Ratio Decidendi

The Petitioner acquired and retains a domicile of choice in England from 2000, establishing jurisdiction for divorce and ancillary matters; the Respondent lost his domicile of choice in England and reverted to his domicile of origin in India; the Respondent failed to demonstrate that Sarajevo is a clearly more appropriate forum, so proceedings will continue in England.

Court Disposition

Jurisdiction established in England based on Petitioner’s domicile; Respondent’s application for stay dismissed.

Orders

  • Divorce petition and ancillary financial remedy proceedings to proceed in the English Court.