Please note that divorce laws differ throughout the UK countries, and the following applies to the laws in England and Wales only.
In order to have jurisdiction one of the following must apply:
Domicile is acquired at birth. You can only have one domicile. You can acquire a new domicile by moving to a new country and intending to remain there permanently. However, even if you are living abroad, your domicile could be found as being in another country, which you consider 'home'.
Divorce and financial separation laws differ all around the world with varying outcomes. Some countries may have rules that are more advantageous for the wife, and others for the husband.
The decision of where is best to start divorce proceedings is also known as 'jurisdiction shopping'. If jurisdiction is not agreed, this can lead to a 'jurisdiction race', where spouses compete to obtain their desired jurisdiction. The English Court will look at the overall circumstances and decide which is the more appropriate jurisdiction. Whilst filing first may help, it will be just one factor the court considers.
It is essential to get advice quickly if you think jurisdiction may be an issue in your divorce. Where you think there may be more than one jurisdiction, you will need to obtain advice from a family law specialist in both countries. Our specialists are available for advice as soon as possible. We can be flexible to suit time zones and offer virtual meetings so there is no need to visit the UK.