Anti-Suit Injunctions

For couples with an international aspect to their relationship, whether they are expats, dual-nationals or individuals who have lived in several countries during their marriage, it is likely that they will be able to initiate divorce proceedings and make financial claims against each other in numerous jurisdictions.

Divorce laws differ greatly from country to country, meaning the jurisdiction where you choose to file for divorce can have a significant effect on the financial settlement. For many high-net-worth couples, establishing jurisdiction in England and Wales is the preferred option, due to the courts’ robust approach to financial disclosure, broad powers to enforce its orders, and view of marriages as equal partnerships. 

In some cases, you may fear that your spouse will try to initiate divorce proceedings abroad, even where jurisdiction has already been established in England and Wales and proceedings are underway. Under these circumstances, you may be able to obtain an anti-suit injunction to prevent this.

If you’re considering or going through a divorce and require an anti-suit injunction against your spouse initiating or continuing proceedings abroad, click below for a free initial consultation with one of our expert divorce solicitors. 

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What is an anti-suit injunction?

An anti-suit injunction prevents a party from initiating or continuing proceedings in a foreign court. This can be a powerful tool when a spouse is attempting to pursue proceedings in a more favourable jurisdiction for them and when such proceedings would conflict with ongoing proceedings in England and Wales.

An important advantage to the anti-suit injunction is that it can render a foreign court judgement unenforceable, even if it otherwise satisfied the requirements for enforcement in England. Therefore, an injunction can secure a level of protection even if a respondent violates it and proceeds with overseas action. 

when will the court order an anti-suit injunction?

Anti-suit injunctions are relatively rare, however, they will be made in the following circumstances:

a) To enforce the right of party A not to be sued in the foreign jurisdiction by party B.

b) To prevent party B from re-litigating matters in a foreign jurisdiction, which have already been decided in England and Wales, because it would be unconscionable for them to be permitted to do so.

In regard to the second aspect, proceedings must be characterised as vexatious or oppressive in order to be held to be ‘unconscionable’. 

what happens if an anti-suit injunction is breached?

Like any court injunction, breaching an anti-suit injunction is contempt of court and can have serious consequences. The courts in England and Wales have wide powers in relation to those in contempt, including the ability to freeze assets, impose fines, and even commit parties to imprisonment. Therefore, if your spouse has significant assets in this jurisdiction, an anti-suit injunction can be extremely effective due to the penalties for ignoring it.