ABSTRACT
De Dampierre v De Dampierre (1987) HL H and W were French nationals and had married in France in 1977. In 1979 they moved to London where their child was born in 1982. W started a business in New York in 1984, moving with the child to New York one year later. H asked her to move back to London but she refused. H then commenced divorce proceedings in France and, at a later date, W petitioned in England for divorce. H made application to stay W’s petition under s 5(6) and Sched 1, para 9(1) DMPA 1973. His application was refused on the ground that, under the French proceedings, W might be denied maintenance if she were found to have been solely responsible for the breakdown of the marriage (whereas under English law she might obtain financial relief even if her behaviour were to be taken into account).
