Centre of Gravity of Litigation was in California

Jordan v Jordan ([1999] 2 FLR 1069 CA)

The parties were US citizens, the husband living in England and the wife in California. They were divorced in California where there was a financial agreement and court order which had been mostly enforced, save in respect of a pension fund in the Isle of Man. The wife sought leave under the Matrimonial and Family Proceedings Act 1984 Part III to pursue her claims for ancillary relief in the English courts under s13 of the Act. The court refused leave on the grounds that it was not appropriate to use the jurisdiction of the English courts where there are already orders by a foreign court, unless it is shown that the overseas enforcement remedies have been exhausted or are manifestly inadequate. In the present case the ‘centre of gravity of the litigation’ was now firmly in California’ and the wife had already been able to enforce the majority of her remedies there.