Foreign Nationality & Divorce
With the advent of cheap and extensive foreign travel, it has now become possible for married couples who are based internationally to choose the best jurisdiction in which to have their divorce and ancillary relief matters dealt with. Different countries have different laws and regulations to deal with children, divorce and ancillary relief claims, and therefore it is essential that if you are a married international couple that you give careful consideration to your choice of jurisdiction so as to achieve the best results for you.
When do English Courts have jurisdiction?
Within the European Union and under The Brussels II convention rules The English Courts will have jurisdiction in divorce and ancillary relief in the following circumstances:
- Both parties are habitually resident in England or Wales; or
- Both parties were last jointly habitually resident in England or Wales and one still resides here; or
- The Respondent is habitually resident in England or Wales; or
- The Petitioner is habitually resident here and has resided here for the past 12 months; or
- The Petitioner is domiciled and habitually resident here and has resided here for at least the last 6 months; or
- Both parties are domiciled in England and Wales
Wherever the proceedings are first issued has exclusive jurisdiction and no challenge to this is possible.