Eleri Jones and Andrew Venables discuss the jurisdiction jigsaw for Family Law Journal.

Article synopsis:

Two years have now passed since ‘Brexit’ and since 1 January 2021, a new domestic regime has applied to establishing jurisdiction for financial remedy cases. It may be fair to describe it as somewhat of a jigsaw with no unified basis for jurisdiction in relation to divorce and maintenance applications; instead, it is rather a mixed bag depending on the type of application made. 

While many practitioners will likely deal predominantly with purely domestic disputes, many families continue to form, and separate, across borders, or have homes in multiple locations. As a result, it is important to be aware of the potential for jurisdictional disputes, the rules now in place in England and Wales and to be mindful of how these may differ in other countries so that we may serve our clients as best possible. It is important to consider whether a fight for jurisdiction would be worth it, depending on the implications for recognition and enforcement in future. 

This article aims to assist those with cross-border cases to work their way through the jurisdictional jigsaw in divorce and financial remedy cases, or at least be aware of the issues involved.  

The full article was published in the July issue of the Family Law Journal.