International Divorce

We are a team of specialist International Divorce Lawyers

Our international family law team can help you with divorce, separation, child financial arrangements, cohabitation agreements, pre-nuptial agreements, and civil partnerships, as well as other aspects of family law.

Why are people from abroad using the British divorce courts?

There’s often high demand for the English divorce courts from overseas clients.  British expatriates prefer the familiar legal system and language. The English family courts are often under pressure, however the process of divorce in England and Wales can still be efficient, depending on your circumstances.

Additionally, the courts in London and other large British legal centres are known to award settlements favorable to the less wealthy spouse.  This is why people are often keen to have their divorce decided in the UK.

It’s often the case that divorce proceedings can be heard in more than one country. In general it’s the country in which proceedings are initiated that decide’s all issues. If you believe your spouse could object to your choice of country, it’s essential to seek early legal advice.

When can someone living overseas obtain a UK divorce?

To get a divorce in the UK, jurisdiction needs to be established. To do so it’s essential to demonstrate a connection to the UK. Brussels II (Revised) outlines the law. If you are in the EU and planning to divorce you can also seek a divorce in the UK if:

• You and your spouse live here habitually
• One of you still lives in the UK and you both lived here habitually
• Your spouse is a habitual UK resident
• Before commencing with divorce proceedings you and not your spouse had lived in the UK for a year
• Having been a UK resident for six months before filing for divorce, you are domiciled and and a habitual resident
• Both your spouse and you reside here

The ‘residual jurisdiction’ clause in Brussels II can be invoked if the UK or another EU state has no jurisdiction as regards the above rules. It’s possible to seek a divorce in England or Wales if you or your spouse are domiciled here when filing the divorce petition.

What is habitual residence?

When aiming to secure UK jurisdiction for a divorce, the term habitual residence becomes key. When making their decision, the courts will examine all the facts relating to your particular case.

Sir James Munby, President of the Family Court, suggests a habitual residence refers to an individual’s ‘centre of gravity’. This can help you determine whether you have habitual residence in a particular country.  Factors that will help persuade a court that you are resident include:

• Length of time in the country
• How often you are in the country
• Your reasons for being in the country
• If your children are at schools there
• Your language proficiency
• How integrated you are in society
• Whether you are a tax payer
• Whether you own a property

What’s the best way to demonstrate you are domiciled?

As per the Brussels II legislation it can also be necessary to illustrate domicile in order to divorce in the UK. This is usually the case where you or your spouse are unable to establish habitual residence.

You can assert a domicile of origin or a domicile of choice.

Your domicile of origin is the country of your parents’ domicile when you were born. This can be changed via a domicile of choice. To do this you must demonstrate that you wish to be governed by the legal system of your domicile for the rest of your life. If you intend to return to the UK at some point you may be able to relocate from the UK but remain domiciled here.

If I live abroad can I divorce in the UK?

You can get divorced in the UK even if you live abroad however there are certain statutory requirements that must be met for a court in England or Wales to have jurisdiction over divorce proceedings. There are different rules in Scotland.

These jurisdictional requirements are outlined in section 5(2) of the Domicile and Matrimonial Proceedings Act (1973). Family law is highly complex and you should always seek expert advice.

What do the jurisdictional requirements comprise of?

To establish jurisdiction to divorce in England or Wales, one of the following criteria needs to be met:

• Both you and your spouse habitually live in England or Wales
• Both spouses last habitually resided in England or Wales, and one continues to do so
• One spouse habitually living in England and Wales receives the petition
• Over a year has passed since the petitioner was resident in England or Wales
• The petitioner has domicile and habitually resides in England or Wales for at least six months
• Either you or your spouse are domiciled in England or Wales

Put simply, domicile is where you have, or consider you have, your permanent home, even if you are not living there right now. You can be domiciled in a different country than that in which your reside. For example you can reside in Europe and have domicile in the UK. You can only have one domicile at any given time. So relocating abroad over the long-term, while severing ties to your domicile of origin, may result in you acquiring a new domicile.

International Divorce Frequently Asked Questions

Aramas International Lawyers has over 20 years experience in International Family Law. Here are some of the most frequently asked questions regarding international divorce.