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Toby YerburghPartner - Head of Family Law
What is international divorce?
When one or both parties have connections to another country, the divorce becomes an international divorce. This can include:
- Dual citizens
- Expats who are living abroad for work or other reasons
- One or both parties are non-UK citizens who are residents of the UK
- A non-UK citizen is married to a UK citizen
How does international divorce work?
If you have connections with more than one country, you may have the choice of jurisdictions in which to begin your divorce case. This is an important decision. Family laws differ around the world and the country in which you begin your divorce proceedings will have a significant impact on the outcome of your case.
There are certain statutory requirements that must be met to demonstrate that you have a right to divorce in that country. For example, one of you will need to meet a residency test or be domiciled in England and Wales to divorce here.
Deciding on the location of your divorce should be your first step as one may be more beneficial than another in terms of your capital and income claims. An expert international divorce solicitor can help you understand your legal position and decide which country’s divorce laws will benefit you the most.
How do I get an international divorce?
The most important step is to act quickly and seek specialist legal advice as soon as possible. This is essential, as your ex-partner may be able to issue divorce proceedings to suit their interests, whether here or overseas before you have decided which jurisdiction will suit you. If this happens, you may be at the mercy of a less favourable jurisdiction from start to finish.
You cannot assume that because you signed a prenuptial agreement in one country, it will be valid in a different country should you choose to get divorced there. Your solicitor will take this into account when helping you decide the best jurisdiction.
International divorce and finances
The law in some countries means that property and assets are divided very differently from the way they are split in England and Wales. In some countries, couples do not have to disclose their financial assets during divorce, particularly those that predate the relationship, so it may be possible for one party to ‘hide’ assets to avoid having to split them. Other countries may also have different approaches to paying maintenance or dealing with assets someone had before the marriage, which can result in an unbalanced settlement.
If you choose to divorce abroad or have already done so, it may still be possible to apply to the family court in England to provide a financial settlement if you feel you have not been able to get a fair (or any) settlement in that country. This is a complex area of family law and you will benefit from the guidance of a specialist solicitor.
Deciding what to do next
Our family law solicitors are experienced when it comes to international divorce. We can help you navigate the complexities of the divorce itself and its critical financial aspects, including in related areas such as tax, protecting or challenging offshore trusts, and financial claims that cover multiple jurisdictions. For more information, please speak to a member of our family law team.
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