UUÂãÁÄÖ±²¥

This Practice Note sets out the basis of the courts' jurisdiction for proceedings for Divorce and Judicial separation, both on or after 1 January 2021, see: Jurisdiction for divorce, judicial separation and nullity on or after 1 January 2021, and prior to that date, see: Jurisdiction for divorce and judicial separation prior to 1 January 2021, having regard to the implications of the UK’s withdrawal from the EU. It also provides guidance on cases where there are competing jurisdictions.

11 pm (GMT) on 31 December 2020 marked the end of the Brexit transition/Implementation period entered into following the UK’s withdrawal from the EU. At this point (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end and significant changes took effect across the UK’s legal regime. This has implications for practitioners considering which courts have jurisdiction in relation to divorce and judicial separation. For further guidance, see Practice Note: Family proceedings with EU connections—toolkit.

Where more than one country may have jurisdiction to hear divorce proceedings,