T v T [2012] EWHC 3462 (Fam) (29 November 2012)

T v T [2012] EWHC 3462 (Fam) (29 November 2012)

The wife failed to establish that the husband's pursuit of arbitration in State A was vexatious, oppressive, or unconscionable. The arbitration clause in the PMA is separable and not void as a maintenance agreement. The facts do not justify the grant of a Hemain injunction, even on an interim basis.

Source-derived case information.

Citation
[2012] EWHC 3462 (Fam)
Parties
Applicant: Mrs T; Respondent: Mr T
Jurisdiction
England and Wales
Judgment Date
29 November 2012
Procedural Posture
Application for Hemain Injunction in Family/divorce Proceedings / Interlocutory Application, Judgment on Interim Injunction
Outcome
Application dismissed
Legal Topics
Hemain Injunctions, Anti Suit Injunctions, Pre Marital Agreements, Arbitration Clauses in Family Law, Jurisdictional Disputes, Enforceability of Foreign Arbitration Agreements
Family Law Private International Law Arbitration Hemain Injunctions Anti Suit Injunctions Pre Marital Agreements Arbitration Clauses in Family Law Jurisdictional Disputes +1 more

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Parties

Mrs T

Applicant

Mr T

Respondent

Procedural Posture

Application for Hemain Injunction in Family/divorce Proceedings / Interlocutory Application, Judgment on Interim Injunction

Legal Issues

  1. 1 Whether the English court should grant a Hemain injunction restraining the husband from pursuing arbitration in the USA under a pre-marital agreement
  2. 2 Whether the arbitration clause in the pre-marital agreement is void as a matter of English law
  3. 3 Whether the husband's conduct in pursuing arbitration while seeking a stay in England is vexatious, oppressive, or unconscionable

Ratio Decidendi

The wife failed to establish that the husband's pursuit of arbitration in State A was vexatious, oppressive, or unconscionable. The arbitration clause in the PMA is separable and not void as a maintenance agreement. The facts do not justify the grant of a Hemain injunction, even on an interim basis.

Court Disposition

Application dismissed

Orders

  • The wife's application for a Hemain injunction is refused.