High Net Worth Divorce Videos

Date when Video was Published: 20/06/2023

The UK was part of the ‘Brussels Regimes’, as an EU member state. These are a series of legal instruments that have facilitated judicial co-operation in civil, commercial and family law between member states for several years. Cases that were issued in UK courts on or before 31 December 2020 still fall under this regime. The treatment of divorce cases commenced, whether in the UK or in an EU Member State, before the end of the transition period on 31 December 2020 are governed by the withdrawal agreement. The Brussels IIa provisions relating to jurisdiction continue to apply to such cases, and to the recognition and enforcement of judgments delivered in them. Cases instituted after 31 December 2020 fall under the Jurisdiction and Judgements Regulation 2019. The Regulations revoke Brussels IIa for England and Wales and Northern Ireland and the Maintenance Regulation for the UK, except in relation to proceedings or applications, which were ongoing at the end of the transition period. The Regulations set out rules of jurisdiction, largely based on the Brussels IIa rules, which apply to new divorce cases in England and Wales. In deciding whether the courts in England and Wales have jurisdiction to deal with applications for divorce, two elements must be considered, the parties’ habitual residence and/or domicile. Habitual residence” is where a person is settled, for example where they work and where their main family life takes place, whereas domicile is the main permanent home in which they live, or to which they intend to return. Leaving the EU has been quite advantageous to family law matters, in particularly to divorce proceedings, as it is now easier for couples to get divorced in England and Wales. If one party is ‘domiciled’ in the UK, then that will now be sufficient in order to issue a divorce petition. Previously, if couples resided in different EU member states, then parties were able to issue divorce proceedings in more than one country. Understanding Jurisdiction in divorce proceedings may be difficult, therefore, we here at Duncan Lewis Solicitors are here to advise and assist you and answer any questions you may have. Duncan Lewis Divorce Solicitors appreciate that you will be contacting us in challenging and emotional circumstances. For that reason, we are here to advise on legal procedure relating to divorce and connected matters and answer any questions that you may have. Please visit our website or call us directly on 033 3772 0409

Disclaimer

This video content was created on 20/06/2023 to provide an overview of the legal position and the information was correct at the time this video was created. This video has been produced for purposes of generic information and marketing purposes only. While the information on this site is about legal issues, it is not intended as legal advice or as a substitute for the particularised advice of your own legal advisor. Please consult one of our lawyers to provide you with advice and assistance on any matters touched on this video. Viewing of this video does not create legally binding advice and does not create a retainer with Duncan Lewis Solicitors. This video is Copyrighted at Duncan Lewis Solicitors 2023. Any illegal reproduction of this content is prohibited and will result in immediate legal action.