Where does that leave international divorce rules in England and Wales?
Since the implementation of the Brussels II regulations in 2001, European couples have needed specialist advice on the advantages and disadvantages of bringing proceedings in each EU state to which they have a connection. Undoubtedly, these considerations have encouraged a rush to divorce to secure a beneficial jurisdiction. Measures to counter this trend would be welcomed by family lawyers. However, the imposition of applicable law is not the answer. If applicable law is introduced (and the government could of course opt in in the future), the “rush to court” may be replaced by chaos, confusion and higher legal costs. The introduction of the proposed new Regulation throughout most of the EU will lead to more couples having their divorces dealt with by courts in other Member States, applying their interpretation of English law. English family lawyers can therefore expect to receive more instructions from foreign lawyers. For the time being, the immediate advice for international couple
Related Questions
- Appendix B: Rules of Intestacy - England & Wales Appendix C: Rules of Intestacy - Northern Ireland Appendix D: Rules of Intestacy and Making a Will in Scotland Appendix E: Inheritance tax and how to avoid the Taxman (more details) Appendix F: Glossary of Legal Terms 1. What is a Will?
- What if the Petitioner (person initiating the divorce) resides in England and Wales and the other party (Respondent) resides abroad; can they still divorce?
- What are the grounds for divorce in England and Wales?
