Divorce, judicial separation or annulmentU.K.
[F12(1)The court has jurisdiction to entertain proceedings for divorce or judicial separation if (and only if)—
(a)the court has jurisdiction under regulations under paragraph 5,
(b)no court has, or is recognised as having, jurisdiction under regulations under paragraph 5 and either of the married same sex couple is domiciled in England and Wales on the date when the proceedings are begun, or
(c)the following conditions are met—
(i)the two people concerned married each other under the law of England and Wales,
(ii)no court has, or is recognised as having, jurisdiction under regulations under paragraph 5, and
(iii)it appears to the court to be in the interests of justice to assume jurisdiction in the case.
(2)The court has jurisdiction to entertain proceedings for nullity of marriage if (and only if)—
(a)the court has jurisdiction under regulations under paragraph 5,
(b)no court has, or is recognised as having, jurisdiction under regulations under paragraph 5 and either of the married same sex couple—
(i)is domiciled in England and Wales on the date when the proceedings are begun, or
(ii)died before that date and either was at death domiciled in England and Wales or had been habitually resident in England and Wales throughout the period of 1 year ending with the date of death, or
(c)the following conditions are met—
(i)the two people concerned married each other under the law of England and Wales,
(ii)no court has, or is recognised as having, jurisdiction under regulations under paragraph 5, and
(iii)it appears to the court to be in the interests of justice to assume jurisdiction in the case.
(3)At any time when proceedings are pending in respect of which the court has jurisdiction by virtue of sub-paragraph (1) or (2) (or this sub-paragraph), the court also has jurisdiction to entertain other proceedings, in respect of the same marriage, for divorce, judicial separation or nullity of marriage, even though that jurisdiction would not be exercisable under subsection (1) or (2).]
Textual Amendments
F1Sch. A1 inserted (31.10.2013 for specified purposes, 13.3.2014 in so far as not already in force) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 4 para. 8; S.I. 2013/2789, art. 2(b); S.I. 2014/93, art. 3(j)(i)