What if my spouse unfairly files for divorce in England?

Many international individuals going through or considering a divorce will wonder: ‘Does jurisdiction really matter?”. In short, yes!

London is known as the divorce capital of the world, partially because it is famous for awarding financially weaker parties big payouts. Often people will apply for divorce proceedings in England with the aim of maximising their claim, even if this is not justified. Jurisdiction, in cases of divorce, is governed by a complex web of law, involving multiple cross-border elements. Generally, the divorce will only be heard in England if you, or your spouse, has been resident or domiciled in England.

If there is more than one European country in which you are eligible for divorce, the “correct” jurisdiction will be determined by where the proceedings are started first. If the alternative jurisdiction is a non-European country, the court will consider which country is the most suitable, considering where the assets are located as well as the previous lifestyles of the parties. Jurisdiction disputes can result in complex court proceedings before the financial remedies procedure even starts. 

Often, jurisdiction disputes will require a detailed examination of how the parties lived over a long period of time. If you are concerned that your spouse will unfairly file for divorce in England, we can help you argue that another jurisdiction is the right one for proceedings to be heard in. 

Vardags are very experienced in such disputes. Time is of the essence for jurisdictional disputes - it is vital that you act quickly. As an international family law firm, can help you make sure your case is fought in the most appropriate jurisdiction. Read our ultimate guide to jurisdiction in divorce here.

If your spouse has unfairly filed for divorce in England and Wales, or you have concerns that they will, click below for a free initial consultation with one of our expert divorce solicitors.

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