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?

In matters relating to a divorce which commenced after 1 March 2005 (the date when Brussels IIA bis came into effect), jurisdiction lies with the court in England and Wales only if it has jurisdiction under Article 3 of the Brussels II bis or, alternatively, if no court of a contracting Member State has jurisdiction under Article 3 of the Brussels II bis and either of the parties to the marriage is domiciled in England and Wales on the date when proceedings commenced.

Article 3 of the Brussels II bis provides that jurisdiction shall lie with the courts of the Member State:

1. •

   in whose Territory:

   1. ◦

      the spouses are habitually resident

   2. ◦

      the spouses were last habitually resident, insofar as one of them still resides there

   3. ◦

      the