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?

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Published on LexisPSL on 17/04/2018

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

  • 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?

Firstly, the applicant will need to ensure that the English court has jurisdiction to deal with the divorce proceedings. At present, both England and Ireland remain members of the EU and the issue of jurisdiction is governed by the Council Regulation EC 2201/2003 (Brussels II bis). See Practice Notes: Jurisdiction EU and Jurisdiction for petitions for divorce and judicial separation.

Pursuant to Article 3 of the Brussels II bis, jurisdiction in matters relating to divorce, legal separation or marriage annulment lies with the courts of the Member State 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 respondent is habitually resident

  4. in the event of a joint application, either of the spouses is habitually resident

  5. the applicant is habitually resident if they resided there for at least six months immediately before the application was made, or

  6. the applicant is habitually resident if they resided t

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