Conflicts of Jurisdiction in Divorce Cases: Forum non Conveniens

Citation

Beaumont P (1987) Conflicts of Jurisdiction in Divorce Cases: Forum non Conveniens. International and Comparative Law Quarterly, 36 (1), pp. 116-131. https://doi.org/10.1093/iclqaj/36.1.116

Abstract
First paragraph: The need for rules to determine when courts in England and Wales and Scotland should decline to exercise jurisdiction in a divorce action is one of recent origin. In 1895, in Le Mesurier v. Le Mesurier, the Privy Council established at least for England and Wales the common law rule that only the courts of the husband's domicile at the time of the commencement of divorce proceedings could exercise jurisdiction. This meant that from the standpoint of English law, only the courts of one country could validly exercise jurisdiction in divorce proceedings and, therefore, conflicts of jurisdiction could not arise.

Keywords
Private International Law; Divorce; Jurisdiction; Forum non Conveniens

Journal
International and Comparative Law Quarterly: Volume 36, Issue 1