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The mere mention of the word ‘jurisdiction’, particularly when a conversation’s context is geared towards divorce or a similar family law matter, is often enough to cause immense confusion, trepidation and concern. Considering how the vast majority of divorces that receive the press’s attention typically cross borders and are subject to lengthy proceedings as a result, this is understandable. For the vast majority of those seeking a divorce in England or Wales, though, ensuring that the court are able to consider an application for a divorce is actually pretty straightforward.

With that in mind, here are the key things you’ll need to know about jurisdiction in divorce proceedings:

It doesn’t matter where you were married

Often, people assume that the courts in England, Wales – or anywhere else, in fact – are unable to consider their applications because they were not married in that country. Actually, the country within which you were married is not relevant as far as jurisdiction is concerned.

Jurisdiction is determined by residency

Like we’ve said, it’s where you live that determines whether or not the courts have the jurisdiction required to consider your application. Furthermore, only one party needs to reside in either England or Wales.

Either the Petitioner or Respondent can reside abroad

Again, people often assume that both the Petitioner and Respondent will need to reside in England or Wales, but this is not the case.

Furthermore, once this piece of information has been disclosed, it’s then commonly assumed that it must be the Petitioner (the party that formally requests the courts grant a divorce by submitting the relevant documents to the court) that resides in either of these countries. In reality, it doesn’t matter whether it is the Petitioner or Respondent that lives in England or Wales as the court will have jurisdiction in either instance.

The court may still have jurisdiction if you both live abroad

Whilst jurisdiction is usually established via one or both parties living permanently in either England or Wales, there are circumstances under which it’s possible for the courts to have jurisdiction when both parties live abroad.

Provided one party has significant links to either country, then the courts will be able to at least consider their application for a divorce. Owning a property in either jurisdiction would, for example, mean that it was likely the courts would be able to consider that person’s application even if they were largely resident in a different country. Other common links to England or Wales include paying tax here, having family that reside here or having a businesses here.

Sadly, there is no guarantee that a court will agree they have jurisdiction if neither party reside in England or Wales permanently but we think it’s worth knowing that your application will at least be considered under certain circumstances.

Still have questions about jurisdiction in divorce proceedings? Click here to get in touch with our team of advisers today.