Your Country or Mine?
Jurisdiction and forum disputes in divorce.
By Michael Allum of the International Family Law Group
When most couples separate there is often only one country where court proceedings relating to their separation can take place. They may only have meaningful connections with one country and it might therefore be obvious that any proceedings about their relationship should take place in that country. But what about situations where one or both parties have significant connections with more than one country?
When a couple have significant connections with two (or more) countries it may be necessary to establish in which country any legal proceedings should take place, unless this can be agreed. This can sometimes be a complicated process involving legal proceedings in multiple countries. It can also be expensive and involve the risk of a costs order being made against the unsuccessful party.
This guide explains some of the key terms often used, provides an overview of the process involved, and gives practical tips for when there are two (or more) countries where a couple may be able to get divorced. This is general information only and cannot be relied upon as legal advice. Specialist legal advice is recommended for anyone facing international family law issues.