Case Study: Overcoming a Jurisdiction Dispute in Divorce Proceedings

Helping Our Client Overcome a Jurisdiction Dispute in Divorce Proceedings

When it comes to divorce, especially with international elements, things can quickly become complicated.

I recently supported a client who wanted to divorce in England and Wales. He lived here, worked here, and this was clearly his home. However, his spouse, who was living in Europe, didn’t agree. She argued that the divorce should take place in their home country, since they had both lived there previously and their former family home was there too.

Since the law changed in 2022, there’s only one ground for divorce in England and Wales: the irretrievable breakdown of the marriage. It’s no longer possible to defend a divorce unless certain very specific conditions apply — and one of those is jurisdiction. That’s what was challenged here.

Our role was to ensure the divorce could proceed through the English courts. We guided our client through the process, filed the application, and responded when the jurisdiction was formally disputed.

The matter was listed for a court hearing so a judge could decide whether the English courts had the right to deal with the case. Thanks to our detailed preparation and clear legal argument, the judge agreed that our client did meet the necessary criteria — and confirmed that the divorce could go ahead in England and Wales.

Better still, the court ordered the Respondent to pay our client’s legal costs.

This case is a great example of how we support our clients through even the most complex situations — providing clear advice, firm representation, and peace of mind when it matters most.

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