For international couples who have lived in various countries and perhaps have dual-citizenship, jurisdiction can become a key aspect of the divorce.
Should you or your spouse have a connection to another country, it may be possible to commence divorce proceedings in an alternative jurisdiction. Where your divorce takes place can impact how your assets are divided and how maintenance payments are made. It is imperative to seek early advice as timing is often crucial.
We have extensive experience dealing with international divorce cases, including advising clients on the most appropriate jurisdiction for divorce, forum disputes and financial claims. We will act promptly, ensuring we handle your case with care and commitment to ensure the best possible outcome.
We collaborate with a wide network of international lawyers and experts to provide support and guidance from the outset. Unlike domestic divorce, international cases often involve assets located across the globe and complex financial arrangements including offshore trusts. These situations require careful navigation and in-depth knowledge of international legal frameworks.
In HNW cases, the stakes can be incredibly high and therefore ensuring you secure the most favourable jurisdiction to determine your financial claims can result in life-changing outcomes for you and your children. If you would like to discuss any international family law concerns you have in greater detail or if we can assist with any family law related issue, please send us a message to arrange your free initial consultation.
Frequently Asked Questions
An international divorce arises where a couple has connections to more than one country, meaning there may be a choice about where divorce proceedings can be started. This can depend on factors such as where each spouse lives, their nationality, and where assets are located. Because divorce laws differ between countries, choosing the right jurisdiction can have a significant impact on the outcome.
A person can apply for divorce in England and Wales if one of the following applies:
- The spouses are habitually resident in England and Wales.
- The spouses were both last habitually resident in England and Wales and one of them continues to reside there.
- The respondent is habitually resident in England and Wales.
- The applicant is habitually resident in England and Wales and has resided there for at least one year immediately before the application was made.
- The applicant is domiciled and habitually resident in England and Wales and has resided there for at least six months immediately before the application was made.
- Both spouses are domiciled in England and Wales.
- Either spouse is domiciled in England and Wales.
If you are habitually resident in a country, your day-to-day life happens there. By way of example, if your main workplace is based there, your children attend school there, you own a home and most of your hobbies, friends, and activities take place in that location.
Your country of domicile, on the other hand, is the nation you consider your permanent home. This may be the country in which you were born, however, you can change where you are domiciled (known as ‘domicile by choice’). Perhaps you were born in Berlin but have lived in England for many decades and you consider it your home. In such cases, England, rather than Germany, is your country of domicile.
Yes, it may still be possible to divorce in the UK even if you or your spouse lives overseas. The court must have jurisdiction, and jurisdiction hinges on tests such as habitual residence and domicile.
- Habitual residence looks at where a person actually lives and conducts their day to day lives and is where you intend to stay long-term.
- Domicile refers to the country a person treats as their permanent home, even if you are living elsewhere for a time. Domicile is acquired automatically at birth and can be changed to a domicile of choice by permanently moving to a country and severing ties with your original domicile.
If you are uncertain where you are domiciled or have habitual residence we can help you. Remember, different jurisdictions impact financial settlements and child arrangements so acting quickly is key.
Yes, provided your marriage is legally recognised and you meet habitual residence or domicile requirements.
For a divorce to proceed in England and Wales, your marriage must be valid under the law of the country where it took place and recognised as valid under UK law.
If the marriage did not take place lawfully in the country where the ceremony took place (e.g. because it did not comply with that country’s local customs in relation to wedding ceremonies) then there won’t be a lawful marriage. Where there is no lawful marriage, there can be no divorce.
It is important to act quickly where there is a risk of competing jurisdictions, as the country where proceedings are issued can materially affect the outcome.
If you and your spouse cannot agree on where to divorce, this may lead to a forum dispute, where the court decides the most appropriate jurisdiction. Courts in England and Wales apply the forum non conveniens test, considering which country is the most appropriate forum to hear the case, with factors such as family connections and financial links carrying significant weight.
If a forum dispute is instigated, the divorce proceedings in the competing jurisdictions should be stayed, pending the outcome of the forum dispute.
Given the urgency and complexities involved, it is important to have the right legal team behind you to determine the most appropriate jurisdiction for your divorce and to act promptly.
At Clarence Family Law we will take swift instructions, seek advice from our international contacts where required and ensure your interests are protected ensuring you achieve the best possible outcome.
