VS v KS

VS v KS

Monaco is the forum with which the parties have the most real and substantial connection. The parties' last marital home was Monaco, the husband remains resident there, and the wife moved to London after the marriage broke down. The wife will not suffer substantial injustice if the proceedings are stayed in favour of Monaco, provided the divorce proceeds on a no-fault basis. The husband's application for a conditional stay is granted.

Parties
Applicant: VS; Respondent: KS
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Divorce and Financial Remedy / Application for Discretionary Stay of Proceedings
Outcome
Conditional stay granted
Legal Topics
Forum Non Conveniens, Jurisdiction in Divorce, Discretionary Stay, Habitual Residence, Financial Remedies
Family Law Private International Law Forum Non Conveniens Jurisdiction in Divorce Discretionary Stay Habitual Residence Financial Remedies

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Parties

VS

Applicant

KS

Respondent

Procedural Posture

Divorce and Financial Remedy / Application for Discretionary Stay of Proceedings

Legal Issues

  1. 1 Whether the English court should grant a discretionary stay of divorce and financial remedy proceedings in favour of Monaco
  2. 2 Whether Monaco or England is the natural forum for the parties' divorce and financial remedy proceedings
  3. 3 Whether a stay would cause substantial injustice to the wife

Ratio Decidendi

Monaco is the forum with which the parties have the most real and substantial connection. The parties' last marital home was Monaco, the husband remains resident there, and the wife moved to London after the marriage broke down. The wife will not suffer substantial injustice if the proceedings are stayed in favour of Monaco, provided the divorce proceeds on a no-fault basis. The husband's application for a conditional stay is granted.

Court Disposition

Conditional stay granted

Orders

  • Conditional stay of the wife's divorce and financial remedy proceedings in England, on the basis that neither party proceeds with a fault-based divorce in Monaco. If either party does, the English court may revisit its decision.