The New Divorce Form

We set out in some detail at 20/LL p43 the new jurisdiction for divorce and children from 1 March 2001 as a result of the implementation of new EC Regulation known as Brussels II. The Family Proceedings (Amendment) Rules 2001 (SI 01/88821) came into force on 3 September prescribing the contents of a petition for divorce, nullity or judicial separation, the notice of proceedings and the form of acknowledgement of service. Where it is alleged that the court has jurisdiction under the Council Regulation, the grounds of jurisdiction under article 2 of the Council Regulation must be stated. It is essential to particularise rather than just refer to article 2(1). If the respondent disputes jurisdiction it is important for him or her to do so in the new acknowledgement of service. Nevertheless, the court itself now has an inquisitorial duty to investigate jurisdiction under article 9 of BII, which requires a court to declare of its own motion that it has no jurisdiction if it is seised of a case over which another Member State has jurisdiction.