Summary
The proceedings were for financial remedies in respect of a marriage which was dissolved in Slovenia on 8th November 2011.
The parties to the proceedings were both born in Kosovo. They moved to live in Slovenia in 1991. They remained living in Slovenia until 2008, when the wife and the children moved to England.
The divorce proceedings were initiated in Slovenia in 2008. Although the wife had made a maintenance application in the Slovenia, this claim was subsequently withdrawn, with the husband’s explicit consent recorded.
In September 2013, following an appeal, the Slovenian High Court held that it was only competent to determine disputes in respect of the assets located in Slovenia.
In July 2013, an application was made by the wife in England, seeking a financial remedy under the Maintenance Regulation.
In October 2013, Eleanor King J gave the wife leave to apply for such financial remedy orders.
The English court had jurisdiction because the wife as a creditor was habitually resident in England.
The husband inter alia sought to stay the wife’s application under Articles 12 and 13 of the Maintenance Regulation.
The husband jurisdictional challenge was dismissed. Mr Justice Moylan held:
“89 […] the parties are in the unfortunate position of having to litigate in two countries. That, however, is a consequence of the limitation of the Slovenian court's powers. It may be necessary to consider whether this court's adjudication should await determination of the wife's claims in Slovenia, but I do not consider that I am in a position to determine this issue until I have a better understanding of the parties' resources and where they are located.” [89]