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Divorce Courts' Jurisdiction Around the World
A review of the jurisdictional rules that apply in
countries around the world. This review is provided for guidance only
and must be checked with local counsel before any action is taken or not
taken.
ANTIGUA The High
Court has jurisdiction to hear and determine a divorce proceeding if
either spouse has been ordinarily resident in Antigua and Barbuda for at
least one year. The High Court has jurisdiction to hear and determine a
corollary relief proceeding (for support or custody) if (a) either
former spouse is ordinarily resident in Antigua and Barbuda at the
commencement of the proceeding; or (b) both former spouses accept the
jurisdiction of the court.
AUSTRALIA Australian
courts have jurisdiction if either party (1) is an Australian citizen or
(2) is domiciled in Australia or (3) has been ordinarily resident in
Australia for at least one year.
AUSTRIA Austrian courts
have jurisdiction if (1) either party is an Austrian citizen or (2) both
parties are aliens but one party permanently resides in Austria
(provided courts in husband's home country will recognize the decree) or
(3) at least one spouse has no citizenship of any country but
permanently resides in Austria.
BELGIUM Belgian courts
have jurisdiction if (1) the plaintiff is a national of Belgium or (2)
the matrimonial home is in Belgium or defendant's domicile is in
Belgium.
BERMUDA Bermuda courts
have jurisdiction if either party (1) is domiciled in Bermuda or (2) was
ordinarily resident in Bermuda for one year before filing.
BULGARIA Bulgarian courts
have "exclusive jurisdiction" if either party is a Bulgarian citizen.
CANADA A Canadian court
in a specific Canadian province has jurisdiction in a divorce proceeding
if one spouse has been ordinarily resident in that province for one year
before filing.
CHILE Chilean courts have
jurisdiction if Chile is the defendant's domicile. The wife's domicile
is the same as the husband's while he lives in Chile.
COSTA RICA Costa Rica
courts have jurisdiction if the parties are domiciled in Costa Rica.
CZECH REPUBLIC Divorce
court in place of last common domicile has jurisdiction. If neither
spouse is a Czech citizen a Czech court has jurisdiction if (1) at least
one spouse resides in the Czech Republic and the decision of the court
would be recognised in the courts of the state of common nationality or
(2) at least one spouse has resided in the Czech Republic for at least
180 days.
DOMINICAN REPUBLIC
Dominican Republic court has jurisdiction if defendant resides and is
domiciled in the Dominican Republic or if plaintiff resides in the
Dominican Republic. Domicile is considered to be bona fide residence in
the Dom. Rep.
ECUADOR Ecuador courts
have jurisdiction if the parties have a bona fide domicile is required.
No length of residency is specified to acquire domicile.
EL SALVADOR El Salvador
courts have jurisdiction if the conjugal domicile is in El Salvador. No
particular length of residency is required.
ENGLAND Courts in England
& Wales have jurisdiction if either spouse (1) is domiciled in England
or Wales or (2) has been habitually resident in England & Wales for one
year prior to filing.
FINLAND Finnish courts
have jurisdiction if (1) parties are both Finnish citizens or (2)
plaintiff is a Finnish citizen and is or previously was domiciled in
Finland or (3) plaintiff has been domiciled in Finland for the past two
years or (4) defendant is domiciled in Finland.
GERMANY German courts
have personal jurisdiction if (1) one spouse is German or (2) the wife
at the time of marriage was German or (3) if both spouses are aliens, at
least one of them resides in Germany , provided that a divorce decree
will be recognized by laws governing the husband.
GIBRALTAR Gibraltar
courts have jurisdiction if either party (1) is domiciled in Gibraltar
or (2) was habitually resident in Gibraltar for one year prior to the
filing.
GREECE Greek courts have
jurisdiction if (1) defendant is domiciled in Greece, or (2) either
party is a Greek national or (3) both parties are Greek residents. Greek
courts have no jurisdiction if according to the law of the nationality
of both spouses such jurisdiction is not recognized.
HONDURAS Honduras courts
have jurisdiction if the parties? bona fide domicile is in Honduras.
HONG KONG Hong Kong
courts have jurisdiction
if, at the time of the
issue of proceedings, either party considered Hong Kong to be his or her
permanent home (his or her place of domicile) or had been habitually
resident in Hong Kong for three years or had a “substantial connection”
with Hong Kong.
JAMAICA Jamaican courts
have jurisdiction if either party is a Jamaican national or is domiciled
in Jamaica or has been resident in Jamaica for a year immediately
preceding the date of commencement.
MEXICO Competent court is
the court of the matrimonial domicile or, in case of abandonment, the
domicile of the abandoned party. Domicile implies permanent rather than
temporary residence.
NETHERLANDS Dutch courts
have jurisdiction if, at time of filing, (1) both parties are Dutch
nationals, or (2) either party has had permanent residence in
Netherlands for 12 months or Dutch party for 6 months.
NEW ZEALAND New Zealand
courts have jurisdiction if either party is domiciled in New Zealand.
NICARAGUA The court of
the conjugal domicile has jurisdiction.
NORWAY Norwegian courts
have jurisdiction if (1) the defendant is domiciled in Norway or (2)
only the plaintiff is domiciled in Norway, provided that Norway was the
parties? last conjugal domicile.
PAKISTAN If one party is
Christian, Pakistani courts have jurisdiction only if both parties are
domiciled in Pakistan and the petitioner is resident in Pakistan.
PANAMA To obtain a
divorce in Panama it is necessary to be domiciled in Panama. To acquire
domicile, foreigners must comply with immigration laws and obtain
necessary authorization from the Ministry of Government and Justice.
SINGAPORE Singapore
courts have jurisdiction if either party (1) is domiciled in Singapore
or (2) has been habitually resident in Singapore for three years prior
to filing.
SOUTH AFRICA South
African courts have jurisdiction if either of the parties is domiciled
in South Africa or has been ordinarily resident in South Africa for at
least one year.
SPAIN Spanish courts have
jurisdiction if (1) both spouses have Spanish nationality, or (2) both
spouses are residents of Spain, or (3) plaintiff is a Spanish citizen
and a resident of Spain, or (4) defendant is a resident of Spain.
SWEDEN Swedish courts
have jurisdiction if the defendant is domiciled in Sweden or if the
plaintiff has been domiciled in Sweden for at last one year.
TAIWAN Court in the
Republic of China will generally assume jurisdiction if parties are
nationals of R.O.C. or if husband is domiciled in R.O.C. There are no
requirements as to length of residence necessary after domicile is
acquired and intention is the determining factor to determine domicile.
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