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Why 'where' matters - jurisdiction considerations for international divorces

Date:18 DEC 2019

The question of whether to seek a divorce is one over which many people agonise. However for divorcing couples with international connections the associated questions of when and in which country to get divorced are also extremely important considerations and ones which can have serious repercussions for the outcome.

Many divorcing couples have connections to other countries whether that be through them both living overseas temporarily or permanently or through holding foreign citizenship. It is also increasingly common for spouses to spend time living in different countries to each other for work or due to other commitments. As a result it may be that they are able to seek a divorce in more than one country and they therefore need to make the important choice as to where to proceed.

The rules governing jurisdiction (the legal question of whether the court has the power to deal with a matter) vary greatly from country to country and so legal advice must be taken to establish this. It may be for example that because one spouse is living overseas and the other in England...

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