Matrimonial Causes Act 1973

46 Additional jurisdiction in proceedings by a wife

(1) Without prejudice to any jurisdiction exercisable by the court apart from this section, the court shall have jurisdiction to entertain proceedings by a wife, notwithstanding that the husband is not domiciled in England and Wales.—

(a) in the case of any proceedings under this Act (other than proceedings under section 19 or sections 34 to 36), if—

(i) the wife has been deserted by her husband, or

(ii) the husband has been deported from the United Kingdom under any law for the time being in force relating to deportation, and the husband was immediately before the desertion or deportation domiciled in England and Wales;

(b) in the case of proceedings for divorce or nullity of marriage, if—

(i) the wife is resident in England and Wales and has been ordinarily resident there for a period of three years immediately preceding the commencement of the proceedings, and

(ii) the husband is not domiciled in any other part of the United Kingdom or in the Channel Islands or the Isle of Man.

(2) In any proceedings in which the court has jurisdiction by virtue of subsection (1) above the issues shall be determined in accordance with the law which would be applicable thereto if both parties were domiciled in England and Wales at the time of the proceedings.