Case number and/or case name
Z v Z (Divorce: Jurisdiction) [2009] EWHC 2626 (Fam)
Details of the court
England and Wales, First Instance
Articles referred to by the court
Brussels IIa
Article 3
Paragraph 1
SubParagraph a
Indent 1
Date of the judgement
22 October 2009
CJEU's case law cited by the court
Summary
The parties to divorce proceedings were French nationals.
They moved to London where the husband had been offered employment - an open-ended contract along with a relocation package.
However, their relationship deteriorated, within 12 months of their arrival to England.
A divorce petition was filed by the wife in England.
The husband petitioned for divorce in France. It was a jurisdictional dispute, with the central question being whether the English court had jurisdiction under Article 3(1) of Brussels IIa. The court answered this question in affirmative, noting that the family demonstrated their intention to stay in the UK for as long as the job lasted by relocating to England.
Therefore, the English court had jurisdiction under Article 3(1)(a) of Brussels IIa.