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Competing proceedings in different jurisdictions

Unlike the arrangements between the European countries under Brussels II (see Brussels IIA), there are no fixed arrangements between England and other countries as to what should happen when two different countries have jurisdiction to deal with a couple’s divorce.

It is therefore possible that a divorcing couple with connections with two countries can have two sets of divorce proceedings going ahead at the same time in different countries. For example, an English wife may issue divorce proceedings in England under the appropriate jurisdiction rules and those papers may be served validly on her husband who lives in the USA.

Her husband, who may live in New York state, may have also issued proceedings under the law of that state and serve those on his wife. There would therefore be two sets of concurrent, but conflicting, divorce proceedings in different countries.

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