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Matrimonial and Family Proceedings Act 1984
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15 Jurisdiction of the court.E+W
(1)Subject to subsection (2) below, the court shall have jurisdiction to entertain an application for an order for financial relief if any of the following jurisdictional requirements are satisfied, that is to say—
(a)either of the parties to the marriage was domiciled in England and Wales on the date of the application for leave under section 13 above or was so domiciled on the date on which the divorce, annulment or legal separation obtained in the overseas country took effect in that country; or
(b)either of the parties to the marriage was habitually resident in England and Wales throughout the period of one year ending with the date of the application for leave or was so resident throughout the period of one year ending with the date on which the divorce, annulment or legal separation obtained in the overseas country took effect in that country; or
(c)either or both of the parties to the marriage had at the date of the application for leave a beneficial interest in possession in a dwelling-house situated in England or Wales which was at some time during the marriage a matrimonial home of the parties to the marriage.
(2)Where the jurisdiction of the court to entertain proceedings under this Part of this Act would fall to be determined by reference to the jurisdictional requirements imposed by virtue of Part I of the M1Civil Jurisdiction and Judgments Act 1982 (implementation of certain European conventions) [F1or by virtue of Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters or] then—
(a)satisfaction of the requirements of subsection (1) above shall not obviate the need to satisfy the requirements imposed by virtue of [F2that Regulation or] Part I of that Act; and
(b)satisfaction of the requirements imposed by virtue of [F2that Regulation or] Part I of that Act shall obviate the need to satisfy the requirements of subsection (1) above;
and the court shall entertain or not entertain the proceedings accordingly.
Textual Amendments
F1Words in s. 15(2) inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 5, Sch. 3 para. 19(a)
F2Words in s. 15(2)(a)(b) inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 5, Sch. 3 para. 19(b)
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