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?

read titleRead full title
Published on LexisPSL on 11/06/2018

The following Family Q&A provides comprehensive and up to date legal information covering:

  • 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?

The courts in England and Wales have jurisdiction in relation to proceedings for divorce and judicial separation under Council Regulation EC 2201/2003 (commonly called Brussels II bis). Under Article 3 of Council Regulation EC 2201/2003, Brussels II bis, in matters relating to divorce, judicial separation and marriage annulment, jurisdiction lies with the courts of the contracting state in whose territory:

  1. the spouses are habitually resident, or

  2. the spouses were last habitually resident, and one of them still resides there

  3. the respondent is habitually resident

  4. in the event of a joint application, either of the spouses is habitually resident—note that this basis of jurisdiction is not relevant to England and Wales due to the repeal of Part II of the Family Law Act 1996 by section 18 of the Children and Families Act 2014

  5. the petitioner is habitually resident having resided there for at least a year immediately before the application was made, or

  6. the petitioner is habitually resident there having resided there for at least six months before the application was made and is either a national of the contracting state or, in the case of the UK and Ireland, is 'domiciled' there

Related documents:

Popular documents