Richard Kershaw examines the recent multi-million pound divorce proceedings in the case of SA v FA in eprivateclient

Richard’s article was published in eprivateclient, 20 October 2022, and can be seen here.

Richard Kershaw, Partner in our Family & Relationships department, highlights a recent decision by the English family court that underscores the importance of considering not just jurisdiction, but also the appropriateness of the forum in international divorce cases.

In SA v FA [2022] EWFC 115, the court declined to hear the divorce of an English couple residing in Abu Dhabi, despite having jurisdiction. His Honour Judge Hess ruled that the UAE, where the couple had lived for over 14 years and planned to remain until at least 2028, was the more suitable venue. The judge emphasised that the parties’ deep-rooted ties to the UAE and the practical advantages of litigating there outweighed the potential for a more favourable financial outcome in England.

The case also addressed concerns about the UAE’s newly established Non-Muslim Family Court. The wife argued that the court’s newness and the religious background of its sole judge might compromise impartiality. However, HHJ Hess rejected this, affirming that the court applies a legal framework broadly aligned with English law and that there was no reason to doubt its ability to deliver substantial justice.

This judgment sends a clear message to expatriates: the English courts will not automatically entertain divorce proceedings simply because they can. Instead, they will carefully assess whether England is the most appropriate forum, particularly when another jurisdiction has a stronger connection to the parties involved.

Read the full article on the eprivateclient website [external link].