With an increasing number of multinational couples, deciding in which country you should formally end your marriage or civil partnership is an important decision, and one that must be made at an early stage. The choice matters because financial and other outcomes can vary significantly from one country to another. For many years, London has been referred to as the “divorce capital” of the world because the English courts are known for being generous in the financial awards they make.

A man born in England has had his application for the English family court to oversee the dissolution of his French civil partnership dismissed because he was found to be domiciled in France at the time the application to the English court was made. The judge recognised that by dismissing his application he was likely to be financially disadvantaged because of the different legal regime applicable in France. However, one cannot assume that the English court will be able to deal with a divorce simply because you were born here, or have another historic connection. A careful consideration of the domicile and habitual residence criteria at the time of any application is crucial, as demonstrated by this case.

The clear message, however, is that any financial disadvantage resulting from the English court’s lack of jurisdiction is not a sufficient reason to continue the application in England, when convenience and connection makes another country (in this case France), the appropriate forum.