Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Divorce definition

What does Divorce mean? Divorce is the court process that ends a marriage and allows remarriage. In practice it involves a divorce application and, often in parallel, financial remedies (ancillary relief) and child arrangements, which are separate. In England and Wales (Divorce, Dissolution and Separation Act 2020; Matrimonial Causes Act 1973), a no‑fault regime applies: a sole or joint application is made on the single ground of irretrievable breakdown, evidenced by a statement. The court issues a conditional order and, after the statutory minimum period, a final order (replacing decree nisi/absolute). In Scotland (Divorce (Scotland) Act 1976), irretrievable breakdown is proved by adultery, unreasonable behaviour, or...

Post-Brexit jurisdiction for divorce, judicial separation and nullity in England and Wales: DMPA 1973, competing jurisdictions, transitional EU rules, and same-sex marriages

Published by a LexisNexis Family expert

Practice notes

This Practice Note

This Practice Note explains the foundations of court jurisdiction for Divorce and Judicial separation proceedings both from 1 January 2021 onwards—see: Jurisdiction for divorce, judicial separation and nullity on or after 1 January 2021—and for earlier cases—see: Jurisdiction for divorce and judicial separation prior to 1 January 2021—reflecting the consequences of the UK leaving the EU. It also offers direction where there are rival jurisdictions. The Brexit transition/Implementation period, following the UK’s exit from the EU, ended at 11 pm (GMT) on 31 December 2020. From that moment (labelled in UK legislation as ‘IP completion day’), key transitional provisions ceased and major alterations applied across the UK’s legal framework. This affects practitioners assessing which courts may assume jurisdiction over divorce and judicial separation. For added support, see Practice Note: Family proceedings with EU connections—toolkit. When multiple states could validly hear divorce proceedings, practitioners should carefully evaluate which forum may provide the most beneficial jurisdiction for the client...

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David Salter

David Salter has enjoyed a varied career in family law with over 45 years’ experience. He served as National Head of Family Law at Addleshaw Goddard and, subsequently, as Joint National Head of Family Law at Mills & Reeve, retiring in 2018.From 1997-1999, David was Chairman of Resolution, also acting as the first Chairman of Resolution’s Accreditation Committee. He subsequently became President of the International Academy of Family Lawyers from 2010 to 2012, having previously served as the Academy's European Chapter President.He has sat in various part-time judicial posts since 1985 sitting regularly as a deputy High Court judge and Recorder in the Family Court until March 2022. He now conducts private financial dispute resolution appointments.David was one of the original members of the Family Procedure Rules Committee which framed the 2010 Rules, serving a ten-year term from 2004 to 2014.He is a...

Web page updated on 21/05/2026

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