Jurisdiction

Q&As

Is there a specific period of time for which the courts in England and Wales will retain jurisdiction in a children matter after the child has moved to, and is habitually resident in, a non-EU Member State?

Is there a specific period of time for which the courts in England and Wales will retain jurisdiction in a children matter after the child has moved...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 1st Aug

Q&As

Where parties to a divorce were living in England at the time that divorce proceedings were commenced and are now living in Spain can either party issue an application for a financial order in England?

Where parties to a divorce were living in England at the time that divorce proceedings were commenced and are now living in Spain can either party...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 1st Aug

Practice notes

Jurisdiction for petitions for divorce and judicial separation

Jurisdiction for petitions for divorce and judicial separation11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 31st Jul

Q&As

One party is English and the other Russian. They married in Romania and then moved to a non-EU country for one party’s work, while maintaining assets in England and Romania. Can a jurisdiction clause be included in the parties’ post-nuptial agreement stating that they agree that their divorce is to be dealt with in the courts of England and Wales and/or choice of law provision for the matter to be dealt with under English law? Would the position be different once the UK is no longer subject to EU regulations (ie post-Brexit)?

One party is English and the other Russian. They married in Romania and then moved to a non-EU country for one party’s work, while maintaining assets...

Produced in partnership with Tori Adams of 4 King’s Bench Walk 31st Jul

Q&As

A couple are British citizens, and lived in England until 2016. They still have properties in England and complete UK tax returns. In 2016, they moved to another EU country for one party’s job on a three-year contract. Do the courts in England and Wales have jurisdiction as to the issue of divorce proceedings?

A couple are British citizens, and lived in England until 2016. They still have properties in England and complete UK tax returns. In 2016, they moved...

31st Jul

Q&As

Where a party was born and married in Wales and now lives in Scotland, where can they issue divorce proceedings?

Where a party was born and married in Wales and now lives in Scotland, where can they issue divorce proceedings?There are two courts in Scotland where...

31st Jul

Scottish Law

Q&As

If divorce proceedings are commenced in England against a respondent living in Ireland, will the issue of the divorce petition mean that the English court automatically has jurisdiction in relation to financial matters as well or is it necessary to issue a Form A to ensure that the English court has jurisdiction in relation to financial matters?

If divorce proceedings are commenced in England against a respondent living in Ireland, will the issue of the divorce petition mean that the English...

31st Jul

Practice notes

Jurisdiction EU

Jurisdiction EU11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 31st Jul

Q&As

Where the proposed applicant for a child arrangements order lives in England, but the child and the parent with care live in Scotland, where should proceedings be issued?

Where the proposed applicant for a child arrangements order lives in England, but the child and the parent with care live in Scotland, where should...

31st Jul

Practice notes

Staying concurrent EU proceedings

Staying concurrent EU proceedings31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 31st Jul

Practice notes

Inherent and statutory jurisdiction

Inherent and statutory jurisdiction11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 31st Jul

Practice notes

Recognition of overseas divorce or dissolution of civil partnership

Recognition of overseas divorce or dissolution of civil partnership11pm (GMT) on 31 December 2020 marked the end of the Brexit...

31st Jul

Q&As

On an application under the court’s inherent and parens patriae jurisdiction in relation to an adult, which court form is the application made in?

On an application under the court’s inherent and parens patriae jurisdiction in relation to an adult, which court form is the application made in?The...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Jul

Q&As

Does the court in England and Wales have jurisdiction in relation to divorce proceedings where the petitioner lives in England and the respondent lives in Spain? Is the petitioner responsible for service of the petition on the respondent in Spain and if so, what is the procedure?

Does the court in England and Wales have jurisdiction in relation to divorce proceedings where the petitioner lives in England and the respondent...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 31st Jul

Practice notes

Staying proceedings under the inherent jurisdiction

Staying proceedings under the inherent jurisdiction31 December 2020 marked the end of the Brexit transition/implementation period entered into...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 31st Jul

Practice notes

Jurisdiction for petitions for dissolution and separation orders for civil partners

Jurisdiction for petitions for dissolution and separation orders for civil partners11pm (GMT) on 31 December 2020 marked the end of the Brexit...

31st Jul

Practice notes

Recognition of divorce and legal separation under the 1970 Hague Convention

Recognition of divorce and legal separation under the 1970 Hague ConventionThe Convention of 1 June 1970 on the Recognition of Divorces and Legal...

31st Jul

Practice notes

Domicile and habitual residence

Domicile and habitual residence11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 31st Jul

In-house

Q&As

Where a divorce petition was issued relying on domicile as the basis for jurisdiction, and the petitioner would now satisfy the requirements as to habitual residence, is it possible to amend the petition and add habitual residence as a basis for jurisdiction, or is it necessary to file a new petition?

Where a divorce petition was issued relying on domicile as the basis for jurisdiction, and the petitioner would now satisfy the requirements as to...

Produced in partnership with Paul Infield of The 36 Group 31st Jul

Practice notes

Jurisdictional issues in children proceedings

Jurisdictional issues in children proceedings11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into...

31st Jul

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