Ruben Sinha

You may live in England, own property overseas or have a spouse who spends much of their time in another country. If your marriage ends, more than one court may be able to deal with the divorce and the court chosen could have a major impact on your finances. Taking advice before either spouse starts proceedings can help you protect your position and avoid a costly dispute.

What is a jurisdiction battle?

A jurisdiction battle is a disagreement about which country’s courts should deal with a divorce. It can arise, for example, where one spouse starts proceedings in England and Wales while the other believes the case should be dealt with abroad.

Why does it matter where you divorce?

The country dealing with your divorce may also decide the financial arrangements that follow it. Different courts can take different approaches to property, businesses, trusts, pensions, maintenance, inherited wealth, assets owned before the marriage and pre-nuptial or post-nuptial agreements. The choice of court may therefore affect what information must be disclosed, how particular assets are treated, whether an agreement carries weight, how readily an order can be enforced and the overall cost and timing of the case. For families with substantial or complex wealth, those differences can be significant.

Can you divorce in England and Wales?

Before the English court can deal with a divorce, there must be a sufficient legal connection with England and Wales. The relevant rules are set out in section 5 of the Domicile and Matrimonial Proceedings Act 1973. The court will usually look at where each spouse normally lives and, in some cases, where they regard as their permanent home.

These concepts have precise legal meanings. “Habitual residence” broadly means where your life is centred. “Domicile” is different and looks at your permanent home and intentions. The court may consider where you live and work, how settled you are, your family life, and your plans for the future. No single fact will necessarily decide the issue.

If divorce proceedings are already taking place in another country, the English court may be asked to pause—or “stay”—the English case under Schedule 1 to the 1973 Act. The court will consider which country has the closest connection with the family and where the case can be dealt with most fairly and conveniently.

The court may look at where the family has lived, where the assets and evidence are, the progress of each country’s proceedings, likely delay and expense, whether any eventual order can be enforced, and whether both courts can achieve a fair result. Starting first can be relevant, but it does not automatically mean that country will deal with the divorce.

It is also important not to assume that the country dealing with the divorce will necessarily resolve every financial issue. Questions may arise about whether financial claims can be made in another country, whether orders will be recognised or enforced overseas, and whether separate advice is required in relations to tax, trusts, companies or immigration. Mapping those issues at the outset can reveal risks that are not apparent from the divorce application alone.

Should you act quickly?

Yes, but the right strategy is more important than simply trying to issue divorce proceedings first. If proceedings have started, or may be about to start, in another country, advice should be taken immediately on jurisdiction, enforcement and the risk of conflicting orders. There may be steps available to protect your position, but court orders stopping or restricting foreign proceedings are exceptional. Rushing to court without a sound legal and evidential basis can increase costs, expose strategy prematurely and make the wider financial dispute harder to resolve.

Practical steps to take 

1. Take advice before starting or responding to proceedings. You may need coordinated advice in more than one country.
2. Prepare a simple timeline. Record where you and your spouse have lived and worked, your important moves and the dates of any court proceedings.
3. Keep relevant documents. These may include travel records, immigration documents, tax records, property papers and evidence about your future plans.
4. Tell your lawyer about any overseas steps. Share details of every foreign application, hearing, agreement or order as soon as possible.
5. Identify where the assets and decision-makers are. Consider homes, businesses, pensions, trusts and investments, together with the location of trustees, company records, advisers and key documents. Your legal team will also need to consider whether an order made in one country can be recognised and enforced in another.

How legal advice can help

International divorce cases are highly fact-specific, and the right approach will depend on the connections between the family, their finances and the countries involved. Early specialist advice can clarify which courts may have jurisdiction, identify immediate risks and bring together the legal, financial, tax and enforcement issues that may affect the family’s wider wealth. Where advice is required in more than one country, a coordinated strategy can reduce uncertainty, avoid conflicting steps and help ensure that important decisions are made with a clear view of their long-term consequences.

About Ruben Sinha

Ruben Sinha is a Partner in JMW’s Family Law team and Head of JMW Signature, the firm’s cross-practice service for high and ultra-high net worth individuals, families, family offices and family businesses. He advises on complex divorce and financial cases involving substantial wealth, international assets, businesses, trusts, nuptial agreements and asset protection. 

Ruben has particular experience of cases in which family law issues overlap with wider questions of ownership, governance, tax, succession and long-term wealth planning. He works closely with JMW colleagues across private wealth, contentious trusts, tax, corporate and other specialist teams, as well as trusted advisers in overseas jurisdictions, to provide coordinated and practical advice. Ruben’s approach is strategic and commercially focused. He helps clients understand the immediate legal issues while keeping sight of the wider financial picture, the need for discretion and the long-term consequences for the client, their family and any underlying business or wealth structures.