Disputes over jurisdiction on divorce
The term 'jurisdiction' refers to the Court's power to deal with certain matters. In many cases couples are of mixed nationalities and share their time and assets between two countries. This then raises the question, which country should deal with the divorce?
The jurisdiction of the Court has been brought into line with other European Union countries. One or both of the parties needs to be living in England or Wales or be domiciled here in Order to file for divorce in this country.
Specifically, the Court would have jurisdiction provided it satisfied one or more of the provisions of Article 3 (1) of the Council Regulation as follows:
a) The Petitioner and Respondent are both habitually resident in England and Wales.
b) The Petitioner and the Respondent were last habitually resident in England and Wales and the Petitioner/Respondent still resides there.
c) The Respondent is habitually resident in England and Wales.
d) The Petitioner is habitually resident in England and Wales and has resided there for at least one year immediately prior to the presentation of the Petition. The names and addresses as to where the Petitioner has lived during that time and the length of time lived at each address should be provided.
e) The Petitioner is domiciled and habitually resident in England and Wales and has resided there for at least 6 months immediately prior to the presentation of the Petition. The Petitioner should give the addresses where they have lived during that time and the length of time lived at each address.
f) The Petitioner and Respondent are both domiciled in England and Wales.
If none of the above apply but it is believed that the Court still has jurisdiction to deal with the Petition, the matter can be proceeded on the basis that the Court has jurisdiction other than under Council Regulation on the basis that no Contracting State has jurisdiction under the Council Regulation and the Petitioner/Respondent is domiciled in England and Wales on the date when the Petition is issued.
If you are unsure which country has jurisdiction but want the Courts of England and Wales to deal with your divorce then you should file a divorce Petition with the Court as a matter of urgency. If you leave it and your ex-spouse files in a different country that country tends to seize jurisdiction. It is very difficult for the matter then to be transferred and can result in costly and protracted proceedings.
Although you may proceed to get divorce in one country you can still have your finances resolved in another. This is a complex area of law and specialist advice should be sought.
If these matters effect you please complete a contact form or call us directly on 01483 302 000 or email samantha.jago@www.rhw.co.uk
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