5 Jurisdiction of High Court and [family court]
Domicile and Matrimonial Proceedings Act 1973 (1973 c 45) | Legislation

Part II Jurisdiction in Matrimonial Proceedings (England and Wales)

5  Jurisdiction of High Court and [family court]

(1)     Subsections (2) to (5) below shall have effect, subject to section 6(3) and (4) of this Act, with respect to the jurisdiction of the court to entertain [any of the following proceedings in relation to a marriage of a man and a woman]—

(a)     proceedings for divorce, judicial separation or nullity of marriage; .Ìý.Ìý.

(b)     .Ìý.Ìý..Ìý.Ìý..

[(1A)     In this Part of this Act—

.Ìý.Ìý.

.Ìý.Ìý.

“the court“ means the High Court [and the family court].]

[(2)     The court shall have jurisdiction to entertain proceedings for divorce or judicial separation if (and only [if) on the date of the application—

“(a)     both parties to the marriage are habitually resident in England and Wales;

(b)     both parties to the marriage were last habitually resident in England and Wales and one

Powered by Lexis+®
 

Popular documents

LEXISNEXIS

Qualified one-way costs shifting (QOCS)

Qualified one-way costs shifting (QOCS)What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE)

LEXISNEXIS

False imprisonment

False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public body that exercises detention powers, usually a local police force, the Secretary of State for the Home Department or the Secretary

LEXISNEXIS

Unless orders

Unless ordersThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.This Practice Note provides guidance on

LEXISNEXIS

Option agreements—the need for a long-stop date

Call options are frequently used by developers to secure a right to buy land if planning permission is obtained. Taking an option provides the developer with time to make and pursue a planning application before having to commit to paying for the land. The developer's initial outlay will be limited