The following Family guidance note provides comprehensive and up to date legal information covering:
This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners considering which courts have jurisdiction to determine a dispute. For guidance, see Practice Note: Brexit and family law. This Practice Note sets out the current position on jurisdiction for petitions for dissolution and separation orders for civil partners.
Where more than one country may have jurisdiction to hear proceedings for dissolution, care should be taken to determine which is going to be the most advantageous for the client. Advice should be taken from a lawyer in the other jurisdiction as to the likely outcome of proceedings relating to finances and children. 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.
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