Forum Shopping in Divorce: Why choosing the right jurisdiction can shape the entire case

In divorce cases with international elements one of the most important, and often misunderstood, issues are where the divorce should take place. 

When more than one country has the legal authority to deal with a divorce, the decision about which jurisdiction is used can shape everything that follows, from financial outcomes and ongoing obligations to speed, privacy and tactical leverage. This strategic choice is commonly referred to as forum shopping. 

At MSB Solicitors, we regularly advise clients at the very earliest stage on jurisdiction and forum shopping, helping them understand their options and make informed decisions before proceedings are issued. Such early legal advice can prove to be invaluable. 

What is forum shopping?  

Forum shopping is the term used when one party seeks to start divorce proceedings in the country in which they believe the Courts will offer the most favourable outcome for them.  

This situation commonly arises where couples have: 

• Lived or worked in more than one country 
• Different nationalities or domiciles 
• Overseas property, business interests or investments 
• Recently relocated or plan to do so  

In these cases, more than one court may be entitled to hear the divorce, and the choice of forum can be significant 

Why forum shopping matters so much in divorce?  

Forum shopping is not about exploiting loopholes — it is about understanding how different legal systems work and how those differences can affect your position. 

Once divorce proceedings are validly issued in one jurisdiction, courts in other countries may be prevented from dealing with the case. This means the first step taken can effectively lock in the legal framework for the entire divorce. 

Key areas where jurisdictions can differ include:  

1. How finances are dealt with 

Different jurisdictions take different approaches to financial provision. Some prioritise equal sharing, while others place greater weight on ownership, contribution or needs. This can significantly affect outcomes where there are businesses, inherited assets, overseas investments or complex financial arrangements. 

2. Ongoing financial obligations 

Approaches to spousal maintenance vary widely between jurisdictions. Some systems impose strict limits on what is paid and for how long, while others allow broader discretion. The forum chosen can therefore affect longterm financial planning as well as immediate settlement.  

3. Procedure, speed and control 

Some jurisdictions move more quickly than others, require more extensive disclosure, or give courts greater control over the process. These procedural differences can influence cost, stress levels and negotiating dynamics. 

4. Privacy and confidentiality 

The degree of privacy offered by courts can vary. For individuals concerned about discretion, reputation or commercial sensitivity, this can be a critical consideration. 

5. The risk of tactical filings 

Forum shopping often becomes an issue because one party acts first. 

In international divorce cases, it is not uncommon for a spouse to issue proceedings quickly in a preferred jurisdiction to secure a strategic advantage. Once this happens, the other party’s ability to choose a different forum may be lost. 

This is why delay can be risky. Even where discussions appear amicable, jurisdictional decisions can be made unilaterally, sometimes without warning.  

6. Can forum shopping be challenged? 

 In some cases, it may be possible to challenge whether a court has jurisdiction or whether another forum is more appropriate. However, these disputes are often complex, technical and highly time sensitive. 

Challenging jurisdiction can also increase costs and delay resolution. For this reason, preemptive advice is almost always preferable to reactive litigation. 
 

Why choosing the correct jurisdiction early is critical  

Jurisdiction is not a secondary issue that can be resolved later. Once proceedings are underway, options may narrow significantly. 

Taking early advice allows you to: 

• Identify all potential jurisdictions 
• Understand the advantages and disadvantages of each 
• Anticipate and manage the risk of forum shopping 
• Act strategically before proceedings are issued 
• Protect your financial and legal position from the outset 

This is particularly important for individuals with international lifestyles, international business interests or crossborder assets. 

How MSB approaches forum shopping and jurisdiction 

MSB’s Family Law team has extensive experience advising on jurisdictional strategy and forum disputes in complex divorce cases.  

We support clients by: 

• Assessing all possible forums at an early stage 
• Explaining how different jurisdictions may approach key issues 
• Acting quickly where there is a risk of tactical proceedings 
• Coordinating advice across borders where required 
• Ensuring jurisdiction is treated as a strategic decision, not an afterthought  

Our focus is always on clarity, foresight and control, helping clients make informed decisions before momentum is lost. 

Concerned about where divorce proceedings might take place? 

If your circumstances involve international connections, overseas assets or more than one possible jurisdiction, early advice on forum shopping can be decisive. 

Contact MSB Solicitors for confidential, strategic guidance tailored to your situation.