A person has jurisdiction (see legal jargon explained) to apply for a divorce in England and Wales in any of the following circumstances:
- Both parties are habitually resident in England and Wales at the time the divorce proceedings are started.
- Both parties were last habitually resident in England and Wales and one of the parties still resides there at the time the divorce proceedings are started.
- The respondent is habitually resident in England and Wales at the time the divorce proceedings are started.
- The petitioner has been habitually resident in England and Wales for the 12 months before the divorce proceedings are started.
- The petitioner is domiciled in England and Wales and has been habitually resident there for six months before the divorce proceedings are started.
- Both of the parties are domiciled in England and Wales at the time the divorce proceedings are started.
- The petitioner or the respondent are domiciled in England and Wales at the time the divorce proceedings are started and no other court of a “contracting state” to the European Convention known as Brussels IIA (see Brussels IIA) has jurisdiction.
If a person is able to satisfy one of the above categories, then there will be jurisdiction in England and Wales for that person to start divorce proceedings.
The sole ground for divorce in England and Wales is the irretrievable breakdown of the marriage: for further information, see divorce: what's involved.
However, it may be that there will also be jurisdiction in another country for divorce proceedings to be commenced in relation to the same couple (see can I divorce abroad?).