Jurisdiction for petitions for dissolution and separation orders for civil partners
Jurisdiction for petitions for dissolution and separation orders for civil partners

The following Family practice note provides comprehensive and up to date legal information covering:

  • Jurisdiction for petitions for dissolution and separation orders for civil partners
  • Jurisdiction for dissolution and separation orders for civil partners
  • Residual jurisdiction

11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end and significant changes took effect across the UK’s legal regime. This has implications for practitioners considering which courts have jurisdiction in relation to dissolution and separation orders. For further guidance, see Practice Notes: Brexit and family law, What does IP completion day mean for family law? and Brexit—jurisdiction and family proceedings.

Prior to IP completion day, although jurisdiction for civil partners broadly mirrored that for spouses under Council Regulation (EC) 2201/2003, ie the Council Regulation on Jurisdiction and the Recognition and Enforcement of Judgments in Matrimonial Matters and in matters of Parental Responsibility (Brussels II bis or Brussels IIA), Brussel II bis did not apply and issues of habitual residence or domicile for civil partners were subject to domestic law and not European law.

Where more than one country may have jurisdiction to hear proceedings for dissolution, care should be taken to det

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