Establishing jurisdiction of the English courts in divorce cases

Along with Pearly Kings and Queens and being the setting for the adventures of Sherlock Holmes, London has another string to add to its bow. Divorce capital of the world.

Following a number of high-profile divorces in the Capital, the English court system has become one of the go-to destinations for spouses of the ultra-wealthy looking to divorce.

Over recent years, several high-profile divorces have been subject to the English courts including:

It is now increasingly common for couples to have connections to multiple countries over their lifetime. This could be through living overseas, temporarily or permanently, or via foreign citizenship. We are also seeing couples spending time apart in other countries due to work or other commitments. As a result, for couples seeking a divorce, there may be multiple choices available to them when it comes to establishing the jurisdiction with which to proceed with the divorce. A choice that could have profound differences on the outcome.

Why is England often chosen as the jurisdiction for international divorce?

The British legal system is much more favourable than most other jurisdictions to the financially weaker party. The judge is also offered much more discretion. As a result, spouses with an international footprint often move mountains to be able to establish the jurisdiction of the English courts for their divorce.

What is the difference between domicile and habitual residence?

Plainly speaking, whether you can be divorced in England will depend on where you are domiciled and what your habitual residence is.

Your habitual residence is the place you regularly live your life now. This can be defined by where you are based, where your children go to school and the links you have to a particular country.

Domicile is slightly more difficult to define. In short, a country of domicile is the country where a person has their closest ties. Domicile is fixed to the country where a person has decided to live, with the intention of making that country his/her permanent home. An adult can only have one domicile at a time – either a domicile of origin or choice.

How do you establish jurisdiction in the English courts for divorce?

The following criteria, governed by European law, determine whether or not you can establish jurisdiction in England for your divorce.

  1. both parties are habitually resident in England and Wales
  2. the respondent is habitually resident in England and Wales
  3. both parties are domiciled in England and Wales
  4. the petitioner is habitually resident in England and Wales and has resided there for at last a year prior to filing the divorce petition
  5. the petitioner is domiciled and habitually resident in England and Wales and has resided there for at least six months immediately prior to the petition

For further information and trusted legal advice regarding matters of Divorce, get in touch with our Resolution-accredited divorce lawyers in London at Carlsons Solicitors.

DivorceNathan Wilkins