Q&As

If divorce proceedings are issued in another jurisdiction, can a financial application still be issued in England and Wales?

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Published on LexisPSL on 03/06/2019

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

  • If divorce proceedings are issued in another jurisdiction, can a financial application still be issued in England and Wales?

If divorce proceedings are issued in another jurisdiction, can a financial application still be issued in England and Wales?

Where more than one country may have jurisdiction to hear divorce proceedings, care should be taken to determine which may be the most advantageous jurisdiction for the client. Advice should be taken from a lawyer in the other jurisdiction as to the likely outcome of proceedings on finances or children issues. Time may be of the essence in commencing proceedings where there are competing jurisdictions, as jurisdiction may be determined by which court was first seised of the proceedings. Which jurisdiction is most advantageous for the client will be entirely dependent on the facts of the case.

The courts in England and Wales only have jurisdiction to entertain proceedings for divorce and judicial separation if the court has jurisdiction under Council Regulation EC 2201/2003, the Council Regulation on Jurisdiction and the

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