What if my spouse unfairly files for divorce outside of England?

Under English and Welsh law, marriage is seen as a partnership of equals, and London is known as one of the fairest locations for a less-wealthy spouse to bring a divorce. In many other countries, a spouse will receive little or no payment at the end of a marriage. If you want your fair share, it may be vital that your case is heard in England.

Whether you can get divorced in England and Wales will depend on the residence and domicile of you and your spouse. If there is more than one European country in which you are able to get divorced, the “correct” jurisdiction will be determined by where the proceedings are started first. If the jurisdiction is disputed between England and a non-European country, the court will consider which country is the most suitable to hear the dispute, considering where the assets are located and the previous lifestyles of the parties.

Jurisdiction disputes can lead to lengthy and complex court proceedings prior to the financial remedies procedure even starting. Often it will require a detailed examination of how the parties lived in both the short and long-term. Vardags are very experienced in such disputes.

If you fear that your spouse is doing or might do this, it is vital your react quickly. Time is of the essence when it comes to jurisdiction and Vardags, an international family law firm, can help you make sure your case is fought in the most appropriate jurisdiction.

However, if your spouse has already obtained a divorce in a foreign country and you haven’t received a proper financial settlement, it might not be too late. Learn more about obtaining financial provision from the English courts after an overseas divorce here.

If you are concerned that your spouse may unfairly issue divorce proceedings abroad, or they have already done so, click below for a free initial consultation with one of our expert divorce solicitors. 

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