Separating couple/ divorce case review - Should English or Scottish courts decide maintenance arrangements?
A recent case has involved an appeal concerning the interpretation of the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011.
A recent judgement on the case of Villiers v Villiers [2018] EWCA Civ 1120 examined whether jurisdiction in respect of maintenance lay with the courts of either England & Wales, or Scotland.
he couple married in 1994, moved to live in Scotland thereafter, and separated in 2012. The wife moved to London in 2013 and issued a divorce petition in England, however the husband contested jurisdiction of the English court and issued a writ of divorce in Scotland.
Lady Justice King, Lord Justice David Richards and Lord Justice Moylan judged the english court retained jurisdiction in respect of the wife’s application for maintenance for herself. You can read about the background to the decision and how it was made here at Family Law Week Villiers v Villiers [2018] EWCA Civ 1120.
The link includes a summary by James Webb of 1 Hare Court.