A person’s domicile is often described as the place where an individual has their closest ties. A person can only take domicile in one country at a time. A person will have a domicile of origin which is acquired at birth and that person will retain that domicile unless they adopt another country as their domicile i.e. domicile of choice.
There are a number of important factors that a Court will take into account when determining a person’s domicile including where a person lives and work and what their financial arrangements are.
A person’s habitual residence is considered to be the place where they reside regularly on a voluntary basis with an intention to settle there for a significant period of time. For the purpose of establishing jurisdiction, a person can only be habitually resident in one place at a time.
It is preferable that you and your spouse/civil partner agree from which Country to commence divorce proceedings. If you cannot agree then this could add to additional costs should the divorce proceedings in one Country be contested. If you are fearful that your spouse/civil partner will try to commence divorce proceedings in another Country you may want to consider starting divorce proceedings first in England or Wales as where two or more Countries have jurisdiction to deal with the divorce known as “forum shopping”, the Courts will often determine that the proceedings should take place in the Country where the divorce was first started.
The English Courts require the divorce petition to be served on the Respondent to the divorce proceedings. The method used to deliver the divorce petition will very much depend on the Country where your spouse/civil partner resides in accordance with their own rules for service of Court papers. If necessary we can arrange for a authorised process server to deliver the divorce papers to your spouse/civil partner in the Country where he/she resides.