28 February 2014
Divorce Petitions for People Living Out of the UK
English Courts are frequently asked to consider divorce petitions for people who live outside of the UK, but English Courts don't always have jurisdiction.
The High Court recently declined jurisdiction in an international divorce concerning a British man and his Chinese wife living in Amsterdam.
The background to the case known as Divall v Divall, was that the couple lived in the UK. The family had children and then moved to Amsterdam, they retained their home in the UK as they were unable to sell it due to poor market conditions.
Sadly the relationship broke down and the husband returned to the UK and filed a divorce petition. The wife filed her own divorce petition in Amsterdam insisting the domicile was Amsterdam.
Mr Justice Moor ruled on 24 January in the wife's favour, the family had started a new life in Amsterdam so English Courts did not have jurisdiction, simply because they retained property in the UK.
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