A lot of couples (and solicitors) do not realise that there are international elements to their case. Unless both partners are English or Welsh and have British nationality and always lived in England and Wales, there is likely to be an international dimension.
It is vital to identify international elements early because a wrong step can easily prejudice the entire case.
The husband and wife are both French and live in various countries. They plan to move to England and the wife moves ahead and issues a divorce in England. On the same day the husband starts a divorce in Paris. The French court did not record the time when the papers were lodged there, but the English court did. Accordingly the English court took precedence and the French divorce was dismissed.
The English court would decide the financial applications under English law, which in a lot of cases (but not always) are much more favourable to the wife.
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This is an outline of the law, practice and procedure in England and Wales. It should not be taken as specific advice. All families and couples are different. The law may have changed since this was written and we therefore accept no liability for inaccuracies. Where examples are given, your personal circumstances may vary slightly, but the difference may be significant for the outcome of the legal process. Contact us for specific advice on your own circumstances.
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