Claiming Jurisdiction

Divorce law varies considerably from country to country, and this can have a huge bearing on the outcome of your divorce. This is especially true for HNW and UHNW couples, and ensuring your divorce is heard in the right jurisdiction can significantly influence the financial and personal outcomes of the proceedings.

London holds the nickname of ‘the divorce capital of the world’, and England and Wales have been widely recognised for their generous financial provisions to the financially weaker party to the marriage. This is because the court takes, as its starting point, a 50/50 split of assets and treats the homemaker and breadwinner of the marriage equally. Therefore, many attempt to bring their divorce claims in England and Wales.

To be able to divorce in England and Wales, the English and Welsh court needs to have jurisdiction to deal with your case. Generally, you can get divorced here if you or your spouse are domiciled or habitually resident here. You do not need a British citizenship, and you are able to get a divorce in England or Wales even if you were married in another country.

This section of our specialised law guide covers the key aspects of claiming jurisdiction in a divorce, considering matters such as whether you should divorce in the country you have married and how you can go about divorcing your foreign spouse in England and Wales, as well as unpicking complex concepts like domicile.

If you are considering or going through a divorce and want to know more about claiming jurisdiction in England and Wales, click below for a free initial consultation with one of our expert divorce solicitors.

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