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The importance of jurisdiction in divorce

9th January 2014
The importance of jurisdiction in divorce

As the world gets smaller, the choices for divorce venues increase!

The way divorce and financial proceedings are dealt with in different countries varies massively. Therefore, it is crucial, where there is the option of getting divorced in more than one jurisdiction, to ensure that the right choice is made.

With the increase in travel in recent years and the explosion of globalisation, it is of no surprise that so many relationships now have an international element to them. Indeed, many high net worth couples have homes in various places across the world and it is possible for individuals to be resident in one country but be domiciled in another in addition to having the nationality of a third. The result of that is that when it comes to commencing divorce proceedings, there is no automatic answer as to which is the best place in which to do it.

The English press has recently enjoyed deeming London to be the world capital for divorce, following recent case law which is comparatively friendlier to the weaker financial party. As a result, there is often a great desire on the part of that party to commence proceedings here, so much so, that this often results in a jurisdiction race with the other party seeking to bring proceedings quicker elsewhere, and in the hope of establishing jurisdiction in a country where the law is more favourable to them.

What is certain is that the question of where proceedings are heard can have a significant impact upon the outcome for both parties, and therefore it is crucial to take what steps are necessary to secure your jurisdiction of choice, where this is possible, in order to achieve the desired result.

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