V v V

V v V

The wife was habitually resident in London at the date of her petition and had been resident in London for at least a year before the petition. Her absence in Switzerland was a temporary arrangement for the benefit of the children and did not amount to a change in habitual residence or residence. The English court...

Source-derived case information.

Parties
Petitioner: Mrs V; Respondent: Mr V
Jurisdiction
England and Wales
Judgment Date
20 May 2011
Procedural Posture
Divorce Petition / Jurisdictional Challenge Ruling
Outcome
Jurisdiction established; wife entitled to proceed with petition
Legal Topics
Divorce Jurisdiction, Habitual Residence, Brussels II Revised, Costs in Family Proceedings
Family Law Private International Law Divorce Jurisdiction Habitual Residence Brussels II Revised Costs in Family Proceedings

Source-derived case record

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 3 Authorities cited 7 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Mrs V

Petitioner

Mr V

Respondent

Procedural Posture

Divorce Petition / Jurisdictional Challenge Ruling

Legal Issues

  1. 1 Whether the English court has jurisdiction to entertain the wife's divorce petition under Article 3(1)(a) of Council Regulation (EC) No 2201/2003 (Brussels II Revised) based on habitual residence
  2. 2 Whether the wife was habitually resident in London for at least a year immediately before the petition

Ratio Decidendi

The wife was habitually resident in London at the date of her petition and had been resident in London for at least a year before the petition. Her absence in Switzerland was a temporary arrangement for the benefit of the children and did not amount to a change in habitual residence or residence. The English court therefore has jurisdiction under Article 3(1)(a) of Brussels II Revised.

Court Disposition

Jurisdiction established; wife entitled to proceed with petition

Orders

  • Parties to present draft orders resolving outstanding issues
  • At every future hearing, each party to provide updated schedule of costs