ABSTRACT
The Domicile and Matrimonial Proceedings Act 1973 provides that, if an English court is about to try a matter relating to divorce, then, if proceedings are continuing in another part of the British Isles and the parties had resided in that jurisdiction together when the English proceedings were begun or, if not together, the place where they last resided was in that jurisdiction and either of the parties was habitually resident in that jurisdiction throughout the year ending on the date on which they last resided together before the initiation of the English proceedings, then the proceedings shall be stayed.10 If the criteria set out are not met (because, for example, the English proceedings concern separation) it will be open to a party to seek a discretionary stay.
