Love is no respecter of national boundaries and married couples often have links to numerous different countries, giving rise to difficulties in deciding where disputes should be resolved if relationships end in divorce. However one Court of Appeal case showed that, at least within the European Union, there is a system in place to prevent national courts stepping on each other’s toes.
The case concerned a wealthy couple who had been engaged in financial wrangling for 15 years since their separation. They were divorced following proceedings in France and there were ongoing proceedings in Poland in respect of the division of marital assets. The focus of their dispute in England was a £2 million property in London that they had acquired during the marriage.
The property was held in the former couple’s joint names and the ex-wife sought an order under the Trusts of Land and Appointment of Trustees Act 1996 requiring its sale and equal division of the proceeds. The ex-husband’s plea that the English courts had no jurisdiction to entertain that claim did not persuade a judge.
In rejecting his appeal against that ruling, the Court found that exclusive jurisdiction to resolve the dispute was conferred on the English courts by Council Regulation (EC) No. 44/2001 on Jurisdiction and the Recognition of Judgments in Civil and Commercial Matters. The house was immovable property, situated in England, and the English courts were thus best placed to resolve the issues involved in the case.
For divorce matters please contact the Family Law Team on 0121 698 2200 or fill in our online enquiry form.
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