A court's ability to accept an application for divorce is called its 'jurisdiction'. It is a common misconception for separating couples that they may only divorce in the country in which they were married, or the country in which they presently live. For Australian and English expatriates that we advise, there is often a choice of jurisdiction.
Searching for a jurisdiction that would give the most favourable financial settlement is commonly called 'forum shopping'. As expatriates in the Middle East, it is very important to consider which jurisdiction would be most appropriate, as a poorly informed choice could have disastrous financial implications. For example, by divorcing through the UAE courts, a wife could not seek spousal maintenance from a husband, or a share of a husband's pension; such claims could however be made through English or Australian courts.
You can apply for a divorce in Australia if you or your spouse:
- regard Australia as your home and intend to live in Australia indefinately, or
- are an Australian citizen by birth, descent or by grant of Australian citizenship, or
- ordinarily live in Australia and have done so for 12 months immediately before filing for divorce
If you do not live in England, you can still apply for a divorce through the English courts if:
- your spouse is resident in England or Wales, or
- you and your spouse are 'domiciled' in England or Wales, or
- you or your spouse are 'domiciled' in England and Wales and no European Union country has jurisdiction
The majority of English and Australian clients that we see are able to divorce through the courts of their home countries. This can be a swift and inexpensive way to divorce, without the need to attend court.
