Getting divorced in the UK: Scotland or England & Wales?
24th March 2016
A decision has been issued by Mrs Justice Parker in the case Re V: "European Maintenance Regulation". This is the first reported case in England or Scotland on the operation of the Maintenance Regulation, intra-UK.
For individuals who have connections north and south of the border this case illustrates the huge implications arising from how the Maintenance Regulation was incorporated within the UK: we now have the possibility of bifurcated proceedings- a Scottish divorce, but with maintenance being dealt with concurrently under English law, and vice versa.
When the Regulation was incorporated domestically (by Schedule 6 of the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011) provision was made for separate parts of the UK to be treated as though they were separate member states of the EU.
For "maintenance obligations", just like intra-EU divorces, the lis pendens, 'first past the post', rules in the Maintenance Regulation mean that whichever court is first seized will have exclusive jurisdiction. Confusingly, these rules are quite distinct (and completely different) from the domestic provisions that operate to allocate jurisdiction intra-UK for the merits of a divorce action and in relation to all other financial consequences of the marriage.
SKO have particular expertise and experience in intra-UK jurisdiction cases. Contact John West or Rachael Kelsey for more information.
