The decision as to where to commence divorce proceedings will depend upon various factors, including convenience and the law of the other jurisdiction involved. If the other jurisdiction is also within the EU (apart from Denmark), then the court of the EU country in which the divorce petition is first issued will almost certainly have exclusive jurisdiction. This means you will not be able to subsequently issue divorce proceedings in England, once the jurisdiction of the first country has been established. So, if for example, you have been living for the past year here, and your spouse, who resides in Germany, chooses to issue a divorce petition in the German court before you do in England, the latter legal system will be ‘first seized’ of the matter and shall have exclusive jurisdiction over the divorce.
Clearly of course, this may be inconvenient and problematic both for you and for your lawyer, as the law and procedure in your divorce will be governed by the rules of another country. This may bring uncertainty, higher costs and the disappointment of a less favourable or predictable financial settlement. Indeed, it is well known that England and more specifically, London, is now viewed as “the divorce capital of the world” due to the high financial awards which wives in big-money cases can potentially achieve by issuing divorce and financial proceedings here. If your spouse quickly issues a petition in the country in which they live, you lose a degree of much wanted control over your divorce.
So what can you do to avoid this jurisdictional headache?
Well, speed is certainly of the essence and where divorce is imminent and you and your spouse are living in different countries, the jurisdiction race will be well and truly on. If this is the case, you should immediately take legal advice. In doing so, explain to your lawyer all the facts and background as to your current, recent and past residence. Are you currently living in England? How long have you lived here? Do you intend to continue residing here? Where does your spouse live? How long has he/she lived there? Do you or your spouse have houses in a number of countries which you/they reside in for periods of time during the year? All these issues are important and will help your solicitor to advise you as to the appropriate jurisdiction in which to issue your divorce petition.
Emma Flisher