Anglo-Australian-Caribbean Decision

Ms Helena Donohoe was involved in a reported High Court case in London involving a jurisdiction contest for Divorce, Financial Remedy and Children Act proceedings in competing jurisdictions of Australia, St Lucia and England. One of the main issues before the High Court was the Wife’s application for leave to amend her divorce petition from the residual ground of ‘sole domicile’ to the ground that the ‘Petitioner and Respondent were last habitually resident in England and Wales and that the Petitioner still resides in England and Wales’. The High Court had the benefit of evidence from the Husband and Wife over the course of a 3-day Hearing and considered whether the parties were habitually resident in England and Wales on the date divorce proceedings were instigated. To find out more about the case, please click on the link – https://www.bailii.org/ew/cases/EWHC/Fam/2019/702.html