Q&As

Divorce proceedings were issued in England and Wales on the basis of the petitioner’s indication as to domicile in England as their permanent home. Both parties are resident abroad but own a property in England and Wales. Having originally accepted the jurisdictional basis of the petition for convenience, can the respondent now contest jurisdiction in relation to financial proceedings?

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Produced in partnership with David Salter of Deputy High Court judge and Recorder
Published on LexisPSL on 13/04/2021

The following Family Q&A produced in partnership with David Salter of Deputy High Court judge and Recorder provides comprehensive and up to date legal information covering:

  • Divorce proceedings were issued in England and Wales on the basis of the petitioner’s indication as to domicile in England as their permanent home. Both parties are resident abroad but own a property in England and Wales. Having originally accepted the jurisdictional basis of the petition for convenience, can the respondent now contest jurisdiction in relation to financial proceedings?

The question does not indicate whether the petition was issued before 1 January 2021 or on or after that date. This will determine whether or not jurisdiction is governed by section 5(2) of the Domicile and Matrimonial Proceedings Act 1973 (DMPA 1973) in its newly-amended form. It is, however, assumed from the wording of the question that the petition was based upon the domicile of both parties in England and Wales at the date of issue of the petition. Prior to 1 January 2021, this was a basis of jurisdiction under DMPA 1973, s 5(2)(a) and Article 3.1(b) of Council Regulation (EC) No 2201/2003 (commonly known as Brussels II bis or Brussels IIA). From 1 January 2021, it remains a basis of jurisdiction under the amended DMPA 1973, s 5(2)(f).

If the petition was issued prior to 1 January 2021, the old law (Brussels II bis and the EU Maintenance Regulation—Council Regulation (EC) No 4/2009) will continue to apply under the transitional provisions (per the Article 67 of the Withdrawal Agreement and the Jurisdiction and Judgment (Family) (Amen

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