De tweede UK-rechter heeft daarna (in zijn beslissing van 12 oktober 2016) benadrukt dat het aan hem voorgelegde geschil geen echtscheidingsprocedure is, maar “financial proceedings after a foreign divorce”. Dat blijkt uit de tweede UK-uitspraak, die onder meer luidt als volgt:
“(…) 43. (…)The following matters must be absolutely clear:
(a) The husband should be treated as having submitted to this Court for the purposes of the Part III application.
(b) The husband has been afforded every opportunity of being heard.
(…)
44. Specifically, in relation to his submission to this jurisdiction, these are not Divorce proceedings; these are the financial proceedings after a foreign divorce and the husband has engaged with and submitted to the jurisdiction in respect of this application. By paragraph 7 of the order of Mostyn J of 31 July 2015, the application was amended so that it takes as its jurisdiction the wife’s habitual residence in England from 1 January 2015 to 1 January 2016. That jurisdictional basis has never been challenged by H(Hof: de man)
, and I know of no basis upon which it could have been.
45. After the wife applied for Part III relief, there are some 62 communications from the husband’s Portuguese lawyers (…) to the wife’s solicitors. There are 15 directly to the Court. (…) None of these letters is marked, “without prejudice to or submission to the jurisdiction”. On the 31 July 2015 Mr Justice Mostyn gave the wife permission to apply under Part III. The husband had notice of this hearing, but did not attend, nor instruct others to make representations on his behalf (he had only dispensed with his solicitors four days earlier). Crucially:
a. The husband has not applied to discharge that permission.
b. He has not sought any relief for any sanctions by reason of his non-attendance.
c. He has brought no applications challenging the jurisdiction of the Court to make Part III applications.
d. He has not appealed this order.
46. (…) I am satisfied that in none of the 5 statements which he has filed in these proceedings since the grant of permission was made, has the husband set out, or attempted to set out, any grounds upon which he might have attempted to challenge the court’s jurisdiction. Indeed, on the contrary, he has been keen to provide written evidence, in so far as he thought that it might assist him, within these proceedings. (…)“.
Uit deze passage blijkt (i) dat de tweede UK-rechter bevoegdheid heeft aangenomen op de basis dat de vrouw haar gewone verblijfplaats in de UK had vanaf januari 2015 tot in elk geval januari 2016 en (ii) dat hij heeft overwogen dat de man dit niet heeft betwist.