AZS v AZR: Forum Non Conveniens in Divorce Proceedings Involving Pre-Nuptial Agreement

In AZS and another v AZR, the High Court of Singapore allowed the defendant husband's appeal, staying the divorce proceedings initiated by the plaintiff wife in Singapore. The court, presided over by Andrew Ang J, determined that France was the more appropriate forum due to the existence of a pre-nuptial agreement governed by French law and concurrent divorce proceedings in France. The court considered factors such as the location of matrimonial assets and the parties' agreement to French jurisdiction in certain matters. The decision was made on 9 May 2013.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal Allowed

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Singapore court grants stay of divorce proceedings based on forum non conveniens, prioritizing French jurisdiction due to pre-nuptial agreement and concurrent French proceedings.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
AZSRespondentIndividualAppeal DismissedLost
AZRAppellantIndividualAppeal AllowedWon

3. Judges

Judge NameTitleDelivered Judgment
Andrew AngJudgeYes

4. Counsels

Counsel NameOrganization
Ferlin JayatissaLexcompass LLC
Bernard ChiuLexcompass LLC
Low Wan Kwong MichaelCrossbows LLP
Gulab SobhrajCrossbows LLP

4. Facts

  1. Parties are French nationals married in France in 2000.
  2. Parties reside in Singapore, but are not permanent residents.
  3. Parties signed a pre-nuptial agreement in France.
  4. The pre-nuptial agreement provided for the maintenance of separate property.
  5. Parties have immovable property in France and China, but not in Singapore.
  6. Husband commenced divorce proceedings in France before Wife filed in Singapore.
  7. A Non-Reconciliation Order was issued by the French court.

5. Formal Citations

  1. AZS and another v AZR, Divorce No 3090 of 2012 (Registrar's Appeal Subordinate Courts No 212 of 2012), [2013] SGHC 102

6. Timeline

DateEvent
Parties married in France
Parties relocated to Singapore
Son born in Singapore
Wife filed divorce proceedings in Singapore
Husband commenced divorce proceedings in France
Wife attempted to commence divorce proceedings in Singapore
French divorce papers served on Wife
Wife re-filed the divorce suit in Singapore
Order granting the Husband interim access to the son was made
Order for maintenance of the Wife and the son was made
District judge dismissed the Husband’s application for a stay of the Singapore divorce proceedings
Appeal allowed
Grounds for decision given

7. Legal Issues

  1. Forum Non Conveniens
    • Outcome: The court held that France was the more appropriate forum and granted a stay of the Singapore proceedings.
    • Category: Jurisdictional
    • Sub-Issues:
      • Lis alibi pendens
      • Location of matrimonial assets
      • Applicable law of pre-nuptial agreement
    • Related Cases:
      • [1987] AC 460
      • [2008] 1 SLR(R) 742
      • [2002] 1 SLR(R) 920
      • [2013] 1 SLR 607
  2. Pre-Nuptial Agreement
    • Outcome: The court determined that the pre-nuptial agreement, governed by French law, was a central issue best addressed in French courts.
    • Category: Substantive
    • Sub-Issues:
      • Validity of pre-nuptial agreement
      • Voluntariness of signing
      • Applicability of French Civil Code
    • Related Cases:
      • [2009] 2 SLR(R) 961

8. Remedies Sought

  1. Stay of Divorce Proceedings
  2. Division of Matrimonial Assets
  3. Maintenance
  4. Custody

9. Cause of Actions

  • Divorce

10. Practice Areas

  • Divorce
  • Family Litigation
  • International Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Spiliada Maritime Corporation v Cansulex LtdN/AYes[1987] AC 460N/ACited for the applicable test to determine if divorce proceedings should be stayed in Singapore on the grounds of forum non conveniens.
VH v VI and anotherN/AYes[2008] 1 SLR(R) 742SingaporeCited for the application of the Spiliada test in determining forum non conveniens.
Mala Shukla v Jayant Amritanand Shukla (Danialle An, co-respondent)N/AYes[2002] 1 SLR(R) 920SingaporeCited for the application of the Spiliada test and the importance of lis alibi pendens in forum non conveniens analysis.
BDA v BDBN/AYes[2013] 1 SLR 607SingaporeCited for the principle that the court exercises discretion in determining forum non conveniens and the appellate court should be slow to interfere.
Eng Liat Kiang v Eng Bak HernN/ANo[1995] 2 SLR(R) 851SingaporeCited to emphasize the importance of the location of the subject matters in dispute when determining jurisdiction.
TQ v TR and another appealN/ANo[2009] 2 SLR(R) 961SingaporeCited to state that pre-nuptial agreements (even those governed by foreign law) could be considered by a Singapore court in the division of matrimonial assets
Low Wing Hong Alvin v Kelso Sharon LeighN/ANo[1999] 3 SLR(R) 993SingaporeCited to state that it is more important that the same court consider and decide divorce and ancillary matters than to divide the issues to be decided in separate courts simply because the assets are in another jurisdiction.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Forum Non Conveniens
  • Pre-Nuptial Agreement
  • Lis Alibi Pendens
  • Non-Reconciliation Order
  • Matrimonial Assets
  • French Civil Code

15.2 Keywords

  • divorce
  • forum non conveniens
  • prenuptial agreement
  • Singapore
  • France
  • family law

17. Areas of Law

Area NameRelevance Score
Family Law95
Divorce95
Jurisdiction80
Division of Matrimonial Property75
Matrimonial Assets75
Child Support60
Child Custody60
Maintenance (Child)50
Maintenance (Wife)50
Private International Law40
Conflict of Laws40
Premarital Agreements30

16. Subjects

  • Family Law
  • Divorce
  • Forum Non Conveniens
  • Pre-Nuptial Agreements
  • Conflict of Laws