Divorces with an international element

If you are both British citizens living in England and Wales then it’s pretty straightforward and you will use the English legal system. However if you are a British national living aboard or a foreign national living in England or Wales and looking to get divorced, you need to consider the country in which your divorce or dissolution proceedings will take place.

You may be able to start your divorce proceedings in the English legal system if:
You and your partner are residents in England and Wales
You and your partner have lived in England or Wales for six months
Either you or your partner is domiciled in England or Wales ( the legal term for the country you consider your ‘roots’ are or where you have your permanent home)

However, it is not always as simple as the above to establish which country has jurisdiction in an individual case. It may be that there is more than one applicable country. The country where divorce proceedings are issued first can sometimes affect which court has jurisdiction or in other situations a court will have to decide which is the most appropriate jurisdiction.

Different countries have different divorce laws and proceedings and choosing the most appropriate place to have your case heard is very important. Every country has a different approach to the division of property and other assets. They also have different attitudes towards maintenance, pensions and trusts. It is therefore essential that you choose a jurisdiction that is right for you.

We can provide you with advice regarding the interaction between English family law and that of other countries.