Can the spouse of a British citizen request a divorce hearing in British courts?
May 13, 2010 6:17 AM Subscribe
Can the spouse of a British citizen request a divorce hearing in British courts?
Asking for a friend. Woman, married to a man for over 14 years. Man is British, woman is not. Both living outside the UK in the woman's country of birth. Woman feels she would get a fairer hearing and an expedited time-line if the case was heard in a British court. Can she request this? Does she have any legal grounds?
Asking for a friend. Woman, married to a man for over 14 years. Man is British, woman is not. Both living outside the UK in the woman's country of birth. Woman feels she would get a fairer hearing and an expedited time-line if the case was heard in a British court. Can she request this? Does she have any legal grounds?
According to this link, probably not. The one exception is if the husband is domiciled in the UK (which is not the same as residing there), and no other Brussels II country has jurisdiction. I'm assuming that the wife is not domiciled in the UK herself, which from your brief description seems less likely to me.
IANAS. I just found these links by Googling "UK divorce jurisdiction". The concept of "domicile" under UK law looks to be a rather complicated one, so you should consult a real UK legal professional before you act on the basis of this information.
posted by Johnny Assay at 7:53 AM on May 13, 2010
IANAS. I just found these links by Googling "UK divorce jurisdiction". The concept of "domicile" under UK law looks to be a rather complicated one, so you should consult a real UK legal professional before you act on the basis of this information.
posted by Johnny Assay at 7:53 AM on May 13, 2010
The one exception is if the husband is domiciled in the UK (which is not the same as residing there), and no other Brussels II country has jurisdiction.
I just had a brief scan of Brussels 2 (PDF), and I don't believe that's strictly true (i.e. not the sole exception)
art. 8(2) states:
2. As against a respondent who is not habitually resident and is not either a national of a Member State or, in the case of the United Kingdom and Ireland, does not have his ‘domicile’ within the territory of one of the latter Member States, any national of a Member State who is habitually resident within the territory of another Member State may, like the nationals of that State, avail himself of the rules of jurisdiction applicable in that State.
I believe that means that if you're resident in a non-Brussels 2 state, normal jurisdiction rules would apply. The English courts are, I believe, happy to have jurisdiction via submission - i.e. if you started proceedings there and the husband contested the substance of proceedings rather than the jurisdiction, that would be submission.
But, IANAL, and I suggest your friend finds someone who is.
posted by djgh at 2:37 PM on May 13, 2010
I just had a brief scan of Brussels 2 (PDF), and I don't believe that's strictly true (i.e. not the sole exception)
art. 8(2) states:
2. As against a respondent who is not habitually resident and is not either a national of a Member State or, in the case of the United Kingdom and Ireland, does not have his ‘domicile’ within the territory of one of the latter Member States, any national of a Member State who is habitually resident within the territory of another Member State may, like the nationals of that State, avail himself of the rules of jurisdiction applicable in that State.
I believe that means that if you're resident in a non-Brussels 2 state, normal jurisdiction rules would apply. The English courts are, I believe, happy to have jurisdiction via submission - i.e. if you started proceedings there and the husband contested the substance of proceedings rather than the jurisdiction, that would be submission.
But, IANAL, and I suggest your friend finds someone who is.
posted by djgh at 2:37 PM on May 13, 2010
Response by poster: no, it's not. He's just dragging it out , being cagey about assets and buying out the judiciary in her country. She's hoping doing it this way will mean a fairer outcome.
posted by gadha at 4:13 PM on May 13, 2010
posted by gadha at 4:13 PM on May 13, 2010
Ex-divorce lawyer here. The courts in England & Wales can only hear a divorce if one or other of the parties is 'domiciled' in the UK. This is not always easy to determine and can have tax implications. There's some accurate and detailed information here.
But I think the bottom line is that, if your friend hasn't made her home here and considers it her home, she could only use an English (or Welsh) court if her husband still considers England or Wales to be his domicile.
Note: There is no universal 'British legal system' - Scotland, Northern Ireland, the Channel Islands and the Isle of Man all have their own separate and unique legal systems that are different from the legal system in England & Wales.
posted by essexjan at 1:36 AM on May 14, 2010
But I think the bottom line is that, if your friend hasn't made her home here and considers it her home, she could only use an English (or Welsh) court if her husband still considers England or Wales to be his domicile.
Note: There is no universal 'British legal system' - Scotland, Northern Ireland, the Channel Islands and the Isle of Man all have their own separate and unique legal systems that are different from the legal system in England & Wales.
posted by essexjan at 1:36 AM on May 14, 2010
« Older Are there good jabber gateways for AIM and MSN? | Through-hiking alone: reasonable or reprehensible? Newer »
This thread is closed to new comments.
posted by Jaltcoh at 7:46 AM on May 13, 2010