One of the most frequent questions our international family lawyers get asked is “can I divorce in England or Wales?”. After all, London is known as the divorce capital of the world.
Even if you or your ex live overseas, you may be able to divorce in England and Wales. You'll need to establish a link to England and Wales to establish "jurisdiction". Jurisdiction means that the court in a particular country or state has the power to deal with your legal issue.
Establishing jurisdiction in England and Wales is commonly done through living in England or Wales but can be established through other connections, including historical and family connections.
You can get divorced in England and Wales if all the following criteria are met:
- You’ve been married for over a year.
- Your relationship has permanently broken down.
- Your marriage is legally recognised in England and Wales (including same-sex marriage).
- You or your ex have a sufficient connection with England and Wales. One or more of the following needs to be true:
- You or your ex were domiciled in England or Wales when divorce proceedings begin.
- Your ex is habitually resident in England or Wales.
- You are habitually resident in England or Wales and have been living here for at least 12 months immediately before you issued your divorce petition.
- You are domiciled in England or Wales and have been living here for at least six months immediately before you issued your divorce petition.
- You or your spouse were last habitually resident in England or Wales and one of you still lives here.
If you can divorce in more than one country, it's important to consider which country is the best one to start legal proceedings in.
Divorce law varies from country to country and the outcome of an international divorce – and, crucially, the financial settlement – will be decided by the country where the legal proceedings are taking place. You'll need to think about what assets you have and how they might be divided or shared depending on where the divorce happens.
Alongside the outcome you can expect, there are lots of things to think about including:
- Language
- How long proceedings will take to get resolved
- Access and cost of legal advice
- Enforcing your financial settlement
Our international family law solicitors can help you to get advice in other countries so that you're aware of your options and can make an informed decision.
It's often important to act quickly to make sure that a divorce takes place in the country that's the most beneficial to you. Prior to the UK's exit from the EU, if you were starting divorce proceedings within the EU, you had to "race" for jurisdiction because the country in which the divorce application was first successfully filed "won" the case. The rules changed after Brexit.
Now, if there's a dispute about whether England and Wales or any other country (including an EU country) should deal with a divorce, the country with the closest connection to the couple is given jurisdiction. Any decisions about the divorce, financial settlements or children arrangements then take place there.
Speed is still important, but there'll be more consideration about which country is the most appropriate. For example, where you and your ex lived during your relationship and where any property is located will be relevant questions. We regularly advise clients facing these decisions and can act quickly in urgent cases.