Choosing the Right Divorce Jurisdiction

FRENCH VERSION / VERSION FRANÇAISE

Separating couples who between them have residences, domiciles and/or nationalities involving more than one EU country often have a choice as to where they divorce or where they dispute financial arrangements for themselves or children. Lawyers call this a choice of jurisdiction or forum. We are able to give rapid, effective advice on this choice.

The rules say that the first person to issue divorce proceedings will “seize” the jurisdiction that they choose to the exclusion of the other. Any second jurisdiction in which a divorce is commenced has to stop its court proceedings, even if the parties have a valid connection there.

The French and English courts treat assets, income and pensions in different ways. The “first to issue rule”* can mean a dramatically different divorce settlement or outcome regarding children depending on who issues first.

You should therefore seek advice as soon as possible if you think there may be a choice of jurisdictions in your case.  We can advise as to whether there is a choice and, if so, which jurisdiction would be more/ less favourable to you. You may also be advised to consider other factors such as the ease of enforcing the court order once made and the level of legal costs in the potential jurisdictions.

If one of the parties has a connection with England and the other with a country outside the EU (whether assets, nationality, residence or domicile) then the “first to issue” rule will not apply so strictly. The English court, when faced with a competing claim for jurisdiction between England and a non-European jurisdiction, looks at other factors, not just who issued first.

For more information contact William Healing on +44 (0)207 814 1200.

(*the strict first to issue rule does not apply to cases involving Denmark).