Jurisdiction legal guide

Jurisdiction refers to the country where court proceedings for your divorce, financial matters, and child arrangements will be handled. If your marriage has an international aspect, jurisdiction becomes a key issue during a divorce.

Understanding jurisdiction

The country where your divorce takes place can significantly impact your settlement. Therefore, choosing the right jurisdiction is crucial. You cannot simply select a country with favourable divorce laws; you must demonstrate a connection to that country. Your ability to divorce there depends on:

• Habitual residence: You may divorce in a country where you or your ex regularly live, such as for work or study.
• Domicile: You may divorce in the country where you or your ex live permanently.
• Nationality: You may divorce in a country where you or your ex-partner are nationals.
• Marriage location: You may divorce in the country where the marriage took place.

It is possible to divorce in more than one country. Consulting a specialist family lawyer is essential to determine the best jurisdiction for you. Divorce procedures and financial arrangements vary significantly between countries.

Jurisdiction and the rest of the world

Deciding whether to get a divorce is a tough decision for many. For couples with international ties, deciding when and where to get divorced is also crucial and can significantly impact the outcome.

Many couples have connections to other countries, whether they live abroad temporarily or permanently, or hold foreign citizenship. It’s also common for spouses to live in different countries due to work or other commitments. This means they might be able to get divorced in more than one country, making the choice of where to proceed very important.

If you can divorce in England and another country, speed is crucial. Different rules apply to determine jurisdiction, focusing on the most appropriate country rather than who filed first. These issues are complex, so seek advice early.

Jurisdiction rules (which determine if a court has the power to handle a case) vary widely between countries, so it’s essential to get legal advice. For example, if one spouse lives overseas and the other in England, or if one is a foreign citizen, they might be able to seek a divorce in either country.

The timescale for the divorce process itself is also important, especially for couples who want to move on quickly or remarry. In some places, the process can take years. For example, in 2014, the English High Court voided 180 divorces obtained by Italian couples who used a fake English address to avoid Italy’s lengthy process. The English process, excluding financial and children matters, usually takes nine to twelve months, making it much faster.

Financial considerations are also crucial. English courts treat non-financial contributions, like homemaking, as equal to financial contributions, which can benefit the financially weaker party. Other countries may focus more on financial contributions, disadvantaging the financially weaker spouse. England is often seen as the preferred jurisdiction for the financially weaker party due to its more generous provisions. English courts also have strict financial disclosure requirements and take hiding assets very seriously, sometimes even imprisoning non-disclosers. This can lead to significant battles over whether a divorce should proceed in England or another country, as the financial outcomes can differ greatly.

If each spouse starts divorce proceedings in a different country and they can’t agree where it should proceed, courts use complex rules to decide. One key factor can be which country’s process started first, so acting quickly is important if a jurisdiction dispute is possible.

Our expertise

Our family lawyers are recognised leaders in international family law, offering clients the advantage of their specialised knowledge, language proficiency, and global connections. And our expertise in international family law, particularly in divorce, finance, and children issues, is recognised by the major legal directories.

We excel in advising clients on swiftly selecting the most advantageous jurisdiction when multiple options are available. While international divorce cases often involve substantial assets and can be contentious, we provide alternatives to court proceedings once jurisdiction is established. If court intervention is necessary, we act decisively and keep you informed throughout the process.

We are adept at handling cross-border issues and the sensitivities they entail. We ensure you have all the relevant legal information and understand the practical implications of divorce in a specific jurisdiction, empowering you to make informed decisions.

Collaborating with foreign lawyers and other professionals, we strive to achieve the best outcomes for you and your family. With extensive experience in advising international families, we can manage even the most complex jurisdictional issues. Recently, we have:

• Coordinated advice for a client with the option to divorce in four EU countries, including England and Wales.
• Prepared a prenuptial agreement for a client with potential divorce jurisdictions in multiple countries, including Switzerland, New York, and Israel.
• Successfully argued for a client to divorce in England rather than Indonesia, securing a fairer financial award.