One of the features of the new family law landscape on the UK leaving the EU is the re-emergence of sole domicile a jurisdictional connecting feature in English law over many decades. It is now a primary basis for divorce as it was until the end of February 2001 when Brussels II first arrived. It is no longer a restriction on the family courts’ power to make needs-based orders. UK domiciliaries again have access to the family courts of England and Wales. What is there not to rejoice and to welcome back into English family justice with open arms!
Until anyone wants to have a family court order recognised or enforced in some countries abroad. Whereupon the exuberance of the party for a returning friend might instead prompt just a little reflection. It is still early days but where might there be some concerns if proceeding on sole domicile in relation to some family court proceedings?
Specifically this arises in respect of divorce recognition 2007 Hague and Lugano. Each are dealt with in turn.
From March 2001 until the end of December 2020 divorces granted by...
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