Where divorce or separation proceedings can be progressed legally in more than one country, it could be crucial to the outcome of your case that you commence proceedings quickly in the jurisdiction that you want.
If you and your spouse have separated and are residing in different countries or you moved to a different country shortly before the relationship break down, it may be the case that you will each have a choice on which country’s Court you approach for a divorce or judicial separation.
First come, first served: Where there is a choice, a rule generally applies which is known as “lis pendens”. This essentially dictates that the Court in which the divorce proceedings commenced first will run with and decide the case.
The race to issue: In this situation and in order to decide on which jurisdiction is going to be most advantageous to you, it is vital that you understand your position fully and assess the options in each jurisdiction. You must act quickly to avoid being the ‘second’ to commence proceedings. Cases involving competing jurisdictions often bring a number of difficulties for divorcing or separating spouses, and different jurisdictions can often result in very different financial outcomes that could work for or against you.
Get your skates on: If you are contemplating a divorce or judicial separation, we advise that you seek legal advice as quickly as possible to put you in the best position for your case and in order for you to make strategic decisions to protect and preserve your position.