Divorce and Family Law

The Choice of Jurisdiction in Divorce

With an increasing number of clients (of different nationalities) living or marrying abroad, they have a wider choice as to where to get divorced and it is vital that they check what is the best place to do so.

The choice of jurisdiction, where there is a choice, can make a very significant difference to the financial award made. This is known as “Forum shopping” and is a game often played by the wealthy.

The residence periods which enable a choice of jurisdiction do not necessarily have to be for very long, sometimes for as little as six months.

This sometimes leads to a scramble to lodge your Petition first in the chosen jurisdiction.

Advice should be obtained in the country whose jurisdiction is sought and even sometimes in individual States. For example, in New York spouses can often have an award of the other spouse’s potential success.

In Dart -v- Dart (1996), there were very valuable assets. The wife wished to divorce in the USA where she stood to receive half of them. The husband succeeded in having the case heard in the UK where she only got a fraction of them.

Also to be borne in mind is the level of maintenance. In many countries the spouse may get much less maintenance than under UK law or, indeed, none at all. Sweden is an example and highlights the existence of big differences between jurisdictions.

Different countries treat Pre-Nuptial Agreements in different ways. In the UK they have no strict legal validity but are being recognised increasingly if properly prepared (see our article on Pre-Nuptial Agreements).

The rule must be to seek advice as soon as you feel that the marriage may be heading for the rocks. Some shores have sharper rocks than others!
 

To discuss your own situation or to make an appointment, contact one of the lawyers in the Matrimonial department, Lisa Bolgar Smith or Eleanor Hoare on 020 7242 7000 or use the Contact Request Form.

© Ambrose Appelbe 2004-2008
This web site contains general information only and does not constitute legal advice. You should take suitable advice as to your specific circumstances. Ambrose Appelbe accepts no responsibility and disclaims all liability in relation to such information.