Key contact
Toby Yerburgh
Partner - Head of Family Law
Private Wealth /
International Divorce
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.
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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?
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.
Answer questions online and receive free, instant and personalised information about your situation.
Quick glance: publications
International Divorce Publications
CB Clarity:prenups & postnups - prenups & postnups
Learn more about the CB Clarity prenuptial and postnuptial agreement process, the benefits of having a nuptial agreement in place, and how to arrange an initial consultation.
International Divorce insights
Shorter Reads
Latest divorce statistics provide another reason for non-court dispute resolutionLatest divorce statistics provide another reason for non-court dispute resolution
Read more
Longer Reads
Is allowing the press into the family court really in the name of transparency, or just titillation?Is allowing the press into the family court really in the name of transparency, or just titillation?
Read more
Shorter Reads
What to expect in the private family law sector in 2023?What to expect in the private family law sector in 2023?
Read more
Longer Reads
Renegotiating ex-spousal maintenance support amid cost of living crisisRenegotiating ex-spousal maintenance support amid cost of living crisis
Read more
Shorter Reads
Parental Responsibility & relocating children following divorceParental Responsibility & relocating children following divorce
Read more
Shorter Reads
Property Tycoon jailed after refusal to grant Jewish Religious divorceProperty Tycoon jailed after refusal to grant Jewish Religious divorce
Read more
Shorter Reads
No Fault DivorceNo Fault Divorce
Read more
Shorter Reads
“I’m taking the dog” – Pets and divorce in the UK“I’m taking the dog” – Pets and divorce in the UK
Read more
Shorter Reads
Mediating contact arrangements – Is it for you?Mediating contact arrangements – Is it for you?
Read more
Shorter Reads
Cohabitee crisis – a long and winding roadCohabitee crisis – a long and winding road
Read more
Shorter Reads
Family lawyers raise concerns about new transparency proposalsFamily lawyers raise concerns about new transparency proposals
Read more
Longer Reads
Growth journey’s end – When billionaires divorceGrowth journey’s end – When billionaires divorce
Read more
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Need some more information? Make an enquiry below
International Divorce key contacts
- toby.yerburgh@collyerbristow.comToby
YerburghPartner - Head of Family Law
Talk to Toby about Family & divorce
International Divorce
International Divorce
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.
Key contact
Toby Yerburgh
Partner - Head of Family Law
The Team
Our lawyers have the expertise and experience to provide you with creative, personalised solutions in a clear and understandable way.
Find out where you stand
Answer questions online and receive free, instant and personalised information about your situation.
Does your Will need updating?
With 10 simple questions, discover whether you need to update your Will in order to protect your wishes.
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?
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.
Toby YerburghPartner - Head of Family Law
View Toby Yerburgh's profileBuffy Wood (née Meyrick)Associate
View Buffy Wood (née Meyrick)'s profileChristina PippasAssociate
View Christina Pippas's profileLaura Burrows (née Plumbly)Associate
View Laura Burrows (née Plumbly)'s profileMichael DrakeConsultant
View Michael Drake's profilePhilippa DolanPartner
View Philippa Dolan's profileSonabella HarjiAssociate
View Sonabella Harji's profileTanya RobertsPartner
View Tanya Roberts's profileAnswer questions online and receive free, instant and personalised information about your situation.
International Divorce Publications
International Divorce insights
Shorter Reads
Latest divorce statistics provide another reason for non-court dispute resolutionLatest divorce statistics provide another reason for non-court dispute resolution
Read more
Longer Reads
Is allowing the press into the family court really in the name of transparency, or just titillation?Is allowing the press into the family court really in the name of transparency, or just titillation?
Read more
Shorter Reads
What to expect in the private family law sector in 2023?What to expect in the private family law sector in 2023?
Read more
Longer Reads
Renegotiating ex-spousal maintenance support amid cost of living crisisRenegotiating ex-spousal maintenance support amid cost of living crisis
Read more
Shorter Reads
Parental Responsibility & relocating children following divorceParental Responsibility & relocating children following divorce
Read more
Shorter Reads
Property Tycoon jailed after refusal to grant Jewish Religious divorceProperty Tycoon jailed after refusal to grant Jewish Religious divorce
Read more
Shorter Reads
No Fault DivorceNo Fault Divorce
Read more
Shorter Reads
“I’m taking the dog” – Pets and divorce in the UK“I’m taking the dog” – Pets and divorce in the UK
Read more
Shorter Reads
Mediating contact arrangements – Is it for you?Mediating contact arrangements – Is it for you?
Read more
Shorter Reads
Cohabitee crisis – a long and winding roadCohabitee crisis – a long and winding road
Read more
Shorter Reads
Family lawyers raise concerns about new transparency proposalsFamily lawyers raise concerns about new transparency proposals
Read more
Longer Reads
Growth journey’s end – When billionaires divorceGrowth journey’s end – When billionaires divorce
Read more
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