G v G

Subject Matter

HUSBAND AND WIFE — Divorce — Ancillary relief proceedings — Wife applying for order of sale of property in England owned jointly with husband — Husband seeking stay of proceedings — Whether English court having jurisdiction to determine wife’s application — Whether husband domiciled in England or Poland — On whom burden of proof of husband’s domicile lay — Whether wife’s action in rem or in personam — Whether proceedings in England and Poland “related actions” — Trusts of Land and Appointment of Trustees Act 1996 (c 47),ss 14, 17 — Council Regulation (EC) No 44/2001, arts 2, 5(6), 22, 28

[2015] EWHC 2101 (Fam); [2016] 4 WLR 22; [2016] WLR (D) 26, Fam D

CONFLICT OF LAWS — Jurisdiction under Council Regulation — Exclusive jurisdiction — Wife applying following divorce for order for sale of property situated in England owned jointly with husband — Husband domiciled in Poland — Whether wife’s application having as its object rights in rem in immovable property — Whether English court having exclusive jurisdiction to determine wife’s application — Trusts of Land and Appointment of Trustees Act 1996 (c 47), s 14 — Council Regulation (EC) No 44/2001, art 22(1)

[2016] EWCA Civ 1292; [2017] Fam 327; [2017] 3 WLR 41; [2018] 1 FLR 1131; [2016] WLR (D) 677, CA

Appellate History