Cross-Border Divorce - Which Jurisdiction?

• Published date: 08 May 2021
• Subject Matter: Family and Matrimonial, Family Law, Divorce
• Law Firm: Giambrone & Partners
• Author: Giambrone & Partners LLP

The anxieties and strain that the coronavirus pandemic has brought globally have been a significant factor in the increasing divorce levels that are being seen in countries across Europe. It is inevitably amongst the thousands of British ex-pats living in Europe there will be couples who wish to divorce, many of whom may have a choice as to which jurisdiction in which to divorce, England & Wales or the law in the country where they reside.

Even if an individual has lived in Europe for some time, there may be factors that would allow a divorce in the English courts if there is sufficient legal connection with England. Assuming you do not live in the UK the pivotal issue is where you are domiciled. The ability to choose the jurisdiction in which to divorce can be a vital factor. The question of domicile links an individual to a jurisdiction; when attempting to demonstrate domicile to the courts of England & Wales such factors as where a person was born and brought up, whether they have still have any connections to England, such as a pension, a property or a bank account with savings are taken into consideration. There differing criteria regarding domicile between the jurisdictions.

If a dispute arises regarding where to divorce it is essential to take first-class legal advice. Often it can become a race to file for divorce first as the EU generally gives precedence to the proceedings that were filed first. The experienced multilingual family lawyers in Giambrone can advise on the benefits of each jurisdiction related to divorce in England & Wales and also Spain, Italy, as well as other European countries. Spain has 17 autonomous regions where there are often varying differences across all aspects of the law which makes it particularly vital to seek expert legal advice on the law related to the region in which you be may considering filing for divorce. Giambrone's...