M.M. v J.D. [2013] IEHC 639 (26 July 2013)

M.M. v J.D. [2013] IEHC 639 (26 July 2013)

The Irish High Court has jurisdiction to grant provisional protective measures over assets situated in Ireland pending the determination of substantive divorce proceedings in England, pursuant to Article 20 of Council Regulation EC 2201/2003 and the inherent jurisdiction of the court, notwithstanding the non-recognition of the English divorce for ancillary relief purposes under Irish law.

Citation
[2013] IEHC 639
Parties
Applicant: M. M.; Respondent: J. D.
Jurisdiction
Ireland
Judgment Date
26 July 2013
Procedural Posture
Originating Notice of Motion / Interlocutory Application for Injunctive Relief Pending Determination of Divorce Proceedings
Outcome
Court holds it has jurisdiction to grant provisional protective measures; further submissions to be heard before making orders.
Legal Topics
Provisional and Protective Measures, Jurisdiction, Recognition and Enforcement of Judgments, Injunctive Relief, Divorce Proceedings
Family Law Civil Procedure European Union Law Provisional and Protective Measures Jurisdiction Recognition and Enforcement of Judgments Injunctive Relief Divorce Proceedings

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Parties

M. M.

Applicant

J. D.

Respondent

Procedural Posture

Originating Notice of Motion / Interlocutory Application for Injunctive Relief Pending Determination of Divorce Proceedings

Legal Issues

  1. 1 Whether the Irish High Court has jurisdiction to grant provisional protective measures over assets pending foreign divorce proceedings
  2. 2 Interpretation of Article 20 of Council Regulation EC 2201/2003
  3. 3 Effect of non-recognition of foreign divorce on ancillary relief

Ratio Decidendi

The Irish High Court has jurisdiction to grant provisional protective measures over assets situated in Ireland pending the determination of substantive divorce proceedings in England, pursuant to Article 20 of Council Regulation EC 2201/2003 and the inherent jurisdiction of the court, notwithstanding the non-recognition of the English divorce for ancillary relief purposes under Irish law.

Court Disposition

Court holds it has jurisdiction to grant provisional protective measures; further submissions to be heard before making orders.