V v W (Jurisdiction: Dissolution of Pacte Civil de Solidarité)

V v W (Jurisdiction: Dissolution of Pacte Civil de Solidarité)

The Applicant had, by the end of 2016 at the latest, acquired a domicile of choice in France, which persisted at the date of the application. Therefore, the Family Court in England and Wales does not have jurisdiction to entertain the application for dissolution of the PACS. Even if jurisdiction existed, France would be the more appropriate forum for dissolution and related proceedings.

Parties
Applicant: V; Respondent: W
Jurisdiction
England and Wales
Judgment Date
21 November 2024
Procedural Posture
Family Law Dissolution of Civil Partnership (pacs) / Jurisdictional Ruling
Outcome
Application dismissed for lack of jurisdiction
Legal Topics
Jurisdiction, Domicile, Forum Non Conveniens, Dissolution of Civil Partnership, Recognition of Overseas Relationships
Family Law Private International Law Jurisdiction Domicile Forum Non Conveniens Dissolution of Civil Partnership Recognition of Overseas Relationships

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Parties

V

Applicant

W

Respondent

Procedural Posture

Family Law Dissolution of Civil Partnership (pacs) / Jurisdictional Ruling

Legal Issues

  1. 1 Whether the Family Court in England and Wales has jurisdiction to hear dissolution proceedings in relation to a French PACS registered by the parties
  2. 2 Whether the Applicant was domiciled in England and Wales or France at the time of the application
  3. 3 If jurisdiction exists, whether France is the more appropriate forum (forum conveniens) for dissolution proceedings

Ratio Decidendi

The Applicant had, by the end of 2016 at the latest, acquired a domicile of choice in France, which persisted at the date of the application. Therefore, the Family Court in England and Wales does not have jurisdiction to entertain the application for dissolution of the PACS. Even if jurisdiction existed, France would be the more appropriate forum for dissolution and related proceedings.

Court Disposition

Application dismissed for lack of jurisdiction