Divorce and Jurisdiction - A Simple Guide
In order for a divorce to be granted in the UK, it must be validly brought under UK jurisdiction. Broadly speaking if a foreign national is UK resident they can apply for a divorce under the UK jurisdiction. The European Community ('EC') has developed a set of criterion, which govern divorce jurisdictions (including the UK). The spouse/s applying for the divorce must satisfy one of the following criteria in order to apply for a divorce under a particular jurisdiction:
- Both spouses are resident in the EC country
- Both spouses were resident in the EC country, but now only one of them resides there
- The spouse which is applying for a divorce is currently living in the EC country and has been doing so for the last year
- The applicant for the divorce is a national of the EC country and has resided there for the last 6 months
It does not matter if you and your spouse were married abroad, the only logistical problem is using a translator for the marriage certificate. If you are to be divorced in a UK court, then it does not matter what nationality you are, UK law only applies to your case. You should also consider that your spouse could be entitled to be divorced elsewhere, if this is the case then you should consider the pro's and con's of divorce in different countries.
If you have more than one option open to you, or you are unsure where to bring your divorce case, then seek legal advice immediately. In the European Union ('EU') once the family proceedings have begun, you are then tied to completing your divorce in that country, even if you can show that you have a closer connection to another country. If considering divorce in a non-EU country then the connections have to be strong and arguable, these types of applications can turn on minor discretionary matters and are often fairly complex.
The following are some factors to consider in deciding what jurisdiction to use for your divorce:
- The reasons for which a divorce is given
- The amount given via a financial order and how that money must be paid
- The court's power of disclosure and method of enforcement (for example if you wish for your spouse to disclose all of his/her assets)
- Can the foreign jurisdiction rule over assets held within another jurisdiction
- Differences in the style of orders provided to deal with children
- The stress and cost of any travel
- Delays in the process
Experienced divorce solicitors will not only be able to advise you on whether you qualify for divorce in the UK, but also if there are any other jurisdictions legally open to you and what the advantages/disadvantages would be of taking your divorce there.
About the Author
Bonallack & Bishop are expert Divorce Solicitors with particular experience of UK pre-nuptial agreements (http://www.prenuptial-agreement.co.uk ). Tim Bishop is senior partner at the firm, responsible for all major strategic decisions. He has grown the firm by 1000% in 13 years and has plans for its continued expansion.
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