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26 September 2019 / Stuart Webber
Issue: 7857 / Categories: Features , Family , Divorce , EU , Brexit
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Decrees of separation

Jurisdiction & habitual residence: Pierburg v Pierburg has provided some clarity, but for how long? Stuart Webber investigates

  • The courts have provided conflicting authorities on determining jurisdiction upon marital breakdown where one or more party has an international connection.
  • The possibility of a no-deal Brexit will also impact upon the question of jurisdiction in such cases.

The first question family lawyers often have to consider when advising clients with international connections is whether the English court will have jurisdiction to deal with any divorce. International families may have a close connection to two, three or perhaps more countries within or outside the EU. Upon marital breakdown, practitioners and the courts regularly have to unravel thorny factual histories to resolve questions of jurisdiction. International clients, and their lawyers, are not helped in this endeavour by conflicting authorities from the courts.

In the case of Pierburg v Pierburg [2019] EWFC 24, [2019] All ER (D) 87 (Apr), the court was faced with a German family who lived in England and Switzerland (and had roots in

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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