district court logo

Forde v Hoenie [2018] NZFC 164

Published 26 June 2019

Application for dissolution of marriage — service overseas — whether order validly served on party — jurisdiction — domicile — forum non conveniens — Family Proceedings Act 1980, ss 37(2) & 157 — Family Courts Rules, rr 17, 43(5), 130 & 220(2)(b) — District Courts Rules, rr 6.23, 6.24 & 6.25. The applicant sought an order dissolving his marriage to the respondent. The parties met in the US, lived together in New Zealand, then moved to Monaco where their marriage broke down. The parties disagreed over alimony and evaluation of property, leading to a dispute over whether the New Zealand or Monaco courts had jurisdiction over the proceedings, and whether documents relating to the proceedings had been properly served on the parties. The Court examined the legislation and using its discretion under s 157 of the Family Proceedings Act, found the proceedings were properly served on the applicant. The Court found that Monaco would be a more convenient forum than New Zealand, as it would require only the applicant to travel to attend, whereas multiple people would have to travel to New Zealand. Also the applicant appeared to be implementing a strategy to have the proceedings moved to New Zealand, where the outcome was more likely to be favourable to him. Under Monaco law there was a risk of his having to pay compensation to the respondent, given allegations that he was at fault in the divorce. This factor also favoured the proceedings continuing in Monaco, as moving them to New Zealand may prejudice to the rights of the respondent. The Court stayed the application for dissolution of marriage. Judgment Date: 23 January 2018.