Divorce Guide

Application to stay

A divorce proceeding can take a lot of time and money, with emotional as well as mental distress. Especially, when the divorce has been filed in two different courts of two other states or countries, the court generally asks the petitioner that if he or she wants to put stay over the proceedings so that they can go ahead with either the dispute over which jurisdiction to follow. While one court decides the jurisdiction, it is very important that orders must be given to any other court where matter is also being heard. This is solved by passing of a stay order whereby the proceedings of the case are stayed until next court’s order. In this time, the dispute over jurisdiction can be solved.

This can be done in the case, if the spouse negotiate between themselves about the venue of the divorce proceeding or in case. The other has sent an application to the other court for the stay, in lieu of the different interests or some laws which are unfavorable to the party.

In case, the proceedings are to be stayed, to be now done in some other foreign court, it is up to the local courts law to deal with such an application. In such cases, the court also looks after the fairness and equality measures the other court would be offering, so that the convenience of the petitioner is kept at the maximum profitable position.

In extreme case, it is also possible for the court to dismiss or refuse the stay over the divorce proceedings in that country due to circumstantial proof, which can be a possible cause of irritation between the divorcing parties. It can also cause the courts of both the countries, to issue their own notices in favor of the parties without consulting the foreign law, which might get into a dispute.

1. Closeness of the country with the couple and their immediate family.
2. Fair and equal decision for the couple as an individual.
3. Nationality of the both the spouse.
4. Domicile and habitual residency.
5. Location of couples true assets, children and their family.
6. Any pre-nuptial agreement or separation agreement.
7. The court is satisfied with the justice that will be done in the court in the foreign land.

Though, the complexity of the situation is a lot more with the people facing it, then those telling a way out, an application for the stay won’t be a problem, if your case is true and you can prove the other party wrong or your party more stronger in the divorce trials. The technicalities should be discussed with the solicitor and the issue of the jurisdiction should be negotiated initially, as this might later cause a lot of trouble in the judgment.

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