The Importance of Jurisdiction in International Divorce Cases

When international clients are involved, and there is a choice of where proceedings can be issued, the choice of jurisdiction can be all important.

The reason for this is that, in many countries, women are not awarded as much as they are by the English courts. Therefore, it is not uncommon for international men to seek to issue proceedings abroad and for international women to want to issue proceedings in England before their husband issue proceedings abroad.

Whilst there may be a dispute over who issued proceedings first or whether the issuing party qualifies to issue the proceedings in another country, the general rule is that, where the proceedings are commenced first, will normally be the jurisdiction that will apply, and the English courts will not then interfere.

Even where one party has contributed financially and the other domestically, England and Wales are two of the few countries that view marriage as a partnership.

For a long marriage our courts divide marital assets equally between the breadwinner and the housewife/househusband. This is often of particular significance to high, and ultra-high-net-worth families.

English courts also tend to scrutinise the parties’ financial resources more than most, and even indirect assets can be examined through trust and company structures. Our courts are known for being corruption-free and fair, even when powerful people are involved.

We are a team of 5 experienced lawyers but, what makes us different to a firm of solicitors, is that we are acting as divorce consultants. We help people navigate the legal maze and stop them making expensive mistakes. We use our experience of the divorce process to find solutions to lower the temperature and save money.

If you know someone who may benefit from speaking to us, please do contact me. We don’t charge for an initial consultation.

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