Call us: Mon - Fri 8:30am - 7pm, Sat - Sun 9am - 5pm
Call local rate 0330 056 3171
Mon - Fri 8:30am - 7pm | Sat - Sun 9am - 5pm
Call local rate 0330 056 3171
Mon - Fri 8:30am - 7pm | Sat - Sun 9am - 5pm

High Court rejects jurisdiction in multinational divorce

The High Court has declined jurisdiction in a multinational divorce involving a British man and his Chinese wife living in Amsterdam.

In Divall v Divall, the couple had met in Germany and married in the UK. Initial plans to live in Amsterdam were delayed when the wife was unable to obtain a work permit. The couple set up home in the UK. The wife was granted a spousal visa and eventually took British citizenship.

After the couple’s children were born, however, they finally moved to the Netherlands, buying a home in Amsterdam while keeping one in England. Unfortunately, the marriage quickly unravelled in the new country and the wife began a new relationship.

The husband returned to the UK and filed for divorce, arguing that the former couple were both still domiciled (resident for legal purposes) over here so divorce proceedings should take place in the English courts.

The wife, meanwhile, filed her own petition in the Netherlands, insisted that that legal domicile was now the Netherlands.

Mr Justice Moor ruled in her favour at the High Court. The family had left the UK permanently, he concluded, to start a new life in Amsterdam, and so the English courts had no jurisdiction in the case.

The blog team at Stowe is a group of writers based across our family law offices who share their advice on the wellbeing and emotional aspects of divorce or separation from personal experience. As well as pieces from our family law solicitors, guest contributors also regularly contribute to share their knowledge.

Contact us

As the UK's largest family law firm we understand that every case is personal.

Comment(1)

  1. Andrew says:

    If Dutch divorce law and practice is more favourable to wives than that of England, what the hell can it be like?

Leave a comment

Help & advice categories

Subscribe
?
Get
more
advice
Close

Newsletter Sign Up

Sign up for advice on divorce and relationships from our lawyers, divorce coaches and relationship experts.

What type of information are you looking for?


Privacy Policy
Close
Close