If you are a couple or family with international connections, there may be a question over which country or countries you are entitled to get divorced in, and which is the most appropriate.
Given how much the law on dividing assets on divorce can vary between countries, looking carefully at where you can and should divorce can be extremely important.
In England and Wales, to start a divorce you must show at least one the following:
Learn more about habitual residence and domicile in divorce.
If you don’t meet any of these criteria, there is a final provision that the petitioner and respondent registered as civil partners of each other in England and Wales. Or if you are a same sex couple who married each other under the law of England and Wales and it would be in the interests of justice for the Court to assume jurisdiction in this case.
It’s important to make sure the right grounds are used, as if the Court does not have jurisdiction, the divorce can’t continue. Contested jurisdiction proceedings can be expensive and lead to significant delay.
We're rated‘Excellent’Each country has different rules on who is entitled to apply for a divorce and financial settlement. Common factors can include:
If you qualify for a divorce in more than one country, it’s important to think about which is the best one for you. There are many factors you should consider and that the Court would look at if there were a dispute about where your divorce should take place. Ask yourself:
It is always important to get advice in both countries, so you can make an informed decision, as it can make a huge difference to the outcome and the process of getting there.
If you have divorced abroad, in some limited circumstances you may be able to apply to the Courts here in England and Wales for a financial settlement, but the basis for doing so is much more limited. Often, what you can ask the Court to order will also be more limited.
This is even more reason it’s so important to start the divorce and financial proceedings in the right country to begin with.
If you have an international background and you’re contemplating a separation or divorce, it is always worth undertaking detailed research so you can consider all of your options in plenty of time to make sure your final decision is right for you and your family.
A specialist Divorce Solicitor can help explain how the law might apply in your case, and the pros and cons as they apply to your circumstances, as well as avoiding costly disputes about jurisdiction further down the line.
Get in touch for legal advice tailored to you.
Unfortunately, no matter how much you want one, there’s no such thing as quick divorce in England and Wales. You can achieve a ‘quicker’ divorce but that depends on the cooperation, attitude and responsiveness of you and your former partner and also on the complexity of your divorce case.
In most cases you can apply for divorce in the UK if you got married abroad. You can get a divorce in England or Wales if both you and your former partner are habitually resident or domiciled in the UK. This means if England or Wales is your main home, where your life is based in the main, if it is where you intend to return to, or if it is your permanent home.
If you and your former partner can’t reach an agreement it will be up to the Court to decide if you need spousal maintenance so that you can meet your needs, or if you and your partner could both benefit from a clean break.
Fill in the form below to get in touch with one of our dedicated team members, or call our team today on: 0808 239 3465
