We help make the financial side of getting a divorce as simple as possible, whilst retaining what you deserve.
Our international divorce lawyers regularly advise on cases involving complex international aspects.
The breakdown of a relationship can often be a difficult and emotional time. Our separation and divorce lawyers support and offer advice on pre-civil partnership agreements, post-civil partnership agreements, civil partnership dissolution, and finances when a civil partnership ends.
Our family law solicitors are experienced in providing support for families experiencing difficult changes in their lives, including breakdowns in relationships and changes to family life.
At Austin Kemp, we’re here to help. Find out more about the divorce process, and other key information with our vast resource section.
Our industry-first Divorce Report combines numerous data sources and internal research, to bring you this specialist report.
Our expert divorce lawyers have listed questions which are commonly asked by our clients, to which we have provided an answer.
Our legal videos break down the complexity and jargon within our profession.
Our Legal Brochures detail the process for each area of Family Law. Download your brochure and learn more about what is involved in this complicated legal topic.
Our Legal Experts have written insights to help you navigate divorce and family law.
Thoroughly excellent service provided via Wikivorce. Was slightly apprehensive of how it would all work, especially at a distance. However, they were swift, efficient, immensely polite, accurate, and gave regular updates. I would recommend them to anyone.
Can't fault my experience in any way. Brilliant advice / available at short notice for any questions and most importantly swiftly achieved the desired result. Found Austin Kemp after feeling HCB Solicitors were not acting in my best interests and I was correct on all fronts - even including having an appreciation for the fact Divorce is already emotional situation. Also, rather than have to query every suggested next step and be charged for the pleasure; As I'd done a little research of my own and was able to challenge their advice - however we pay Solicitors for their expertise and need to put our trust in them. Austin Kemp thankfully achieved that for me during our first conversation I was already reassured they understood what I wanted and how best to achieve it. Resulting in 7-8 months less work and no court appearances as I had been previously advised by HCB. I THANK YOU DEARLY AUSTIN KEMP. I can start my life again earlier and with a healthier bank balance because of you!!!
Amazing service. For the first time in nearly two years I feel less in a spiral and more in control.
Thoroughly professional, straightforward, timely and reasonably priced. I would recommend this firm to anyone. Thank you Emma and Austen Kemp for a great service.
Thank you so much. You were great. I wasted so much time and money with my previous solicitors and only regret I did not contact you earlier. I have dropped a line to Paul to thank him for referring me to you. I hope you enjoyed the red I sent you as a token of our appreciation.
Austin Kemp provides a pragmatic and honest approach to the individual's journey through Family Law issues. They demonstrate a willingness and capacity to respond to challenging and unpredictable circumstances. The professional, yet personal, service is naturally client centred, but with a realistic and informed view of children's needs. And it has been heartening to have such a caring team walk beside me in the long journey.
I cannot recommend highly enough Austin Kemp as a strong, commercially intelligent and the most effective negotiators. Their negotiation skills are second to none. I have seen firsthand the excellent results this team achieves for their clients.
Just want to say thanks so much for everything. You have been brilliant and very patient. I always felt comfortable calling when asking to clarify certain points of the divorce.
I can honestly say that I am more than satisfied with the management of my case and of my then state of mind. I highly recommend this firm. Thank you.
Amandeep Kooner was not prepared to be swayed from a path of professionalism to accommodate my anxiety and frustration. He would not succumb to taking instructions tit for tat response. He ensured at all times that the response he gave reflected a dignified client with a pleasant demeanour. In so doing he demonstrated his commitment to protect and secure my interests and dignity off which I am most grateful.
Although he has a dual approached role which is business and a duty of care, Amandeep Kooner showed concerns for the level of expenditure that I had already put out with no resolve. His team contained the work to the minimum and produced the maximum results. My case was quickly progressed without compromising compassion and understanding.
Very professional service! Explained everything they were doing for my case every step of the way and really helped me to understand how we would proceed. Thank you!
Intellectually bright, hardworking and extremely professional - Amandeep Kooner took my case at it most difficult as I had come to the end of my ability to remain calm and patient. Up until I instructed Austin Kemp, I had lost all hope that any solicitor could convince me in pursuing a non-retaliatory approach as I was losing ground to allegations and fabrications. Tough, hardworking and extremely professional.
Couple this with the financial worries that often come hand-in-hand with the divorce process and it can be easy to feel overwhelmed. These are some of the reasons why many expats decide to research whether they may be able to get a divorce in their “home” nation.
Here at Austin Kemp, our experienced solicitors regularly deal with divorces with an international element. For example, as well as British expats, we often hear from non-British nationals with some sort of UK connection, who want to know if they would be able to divorce here.
Firstly, it’s important to distinguish between English and Welsh law and the legal systems in Scotland and Northern Ireland. Our specialist solicitors at Austin Kemp are experienced in the legal system of England and Wales, so advise people who are English or Welsh expats or who may have a sufficient connection to England and Wales so as to be able to divorce here.
If you are a Scottish or Northern Irish expat and wish to divorce in either of these legal systems, you may need to seek legal advice from a solicitor who specialises in these countries.
Due to a variety of factors, moving abroad has become increasingly common in recent times. This has meant that more and more divorces have some kind of international element and some people find that they may even be eligible to divorce in more than one country. As well as the obvious draw of a familiar language and legal system, there are various other reasons why British expats may opt to divorce in the UK over anywhere else.
In recent times, London has gained the reputation of the ‘divorce capital’ of the world. Indeed, the English and Welsh courts have become notable worldwide for awarding more favourable settlements to the “financially weaker” spouse. English and Welsh judges are known for seeing the mainly non-financial contribution of the homemaker and the financial contribution of the main earner, as equally important.
This has meant that London has been referred to as a “favoured location” for spouses looking to divorce their rich other halves. Just a few months ago, the Guardian reported that the wife of an oil and gas trader had been awarded £453 million in one of the UKs largest ever divorce settlements. This figure reportedly comprised 41.5% of the total marital assets. The judge reportedly said: “I find that this figure is justified in all the circumstances.”
Another factor which may have a bearing on why the UK has the reputation of favouring the financially weaker party, is that prenuptial agreements are not legally binding in England and Wales. Often, it is the financially weaker partner who would sign a prenuptial agreement at the request of the wealthier party.
Although not legally binding, judges can (and do) take prenuptial agreements into account, if asked to make decisions regarding a financial settlement upon divorce. However, if a couple have been married for many years, a prenuptial agreement signed, for example, 30 years ago, may not be as relevant now due to changes in circumstances. A judge in England and Wales may be less likely to give this type of agreement a great deal of weight in their decision-making process.
In essence, in order to divorce in the UK, you will need to show that you have a sufficient connection to the UK.
In order to get a divorce in the UK, you (or your spouse) will have to fall into a particular category. Either:
There may also be some other limited circumstances where you could find that you may be able to divorce in England and Wales, if only you or your spouse is domiciled in there. It’s highly recommended that you seek legal advice about this if you are unsure or need more information.
There is no official definition of habitual residency. However, your habitual residency may be where you live and work, for example.
In order to determine whether or not you may be habitually resident in the UK, it can be helpful to look at a number of factors, such as:
If you are unsure about where you may be habitually resident, it can be helpful to seek advice from a solicitor.
Often, expats are not habitually resident in the UK, as they are living and working abroad in another country. This means that domicile becomes the key issue for the majority of (but not all) expats looking to see if they are eligible to divorce in the UK.
Domicile is a relatively complex area of law. Indeed, it can mean different things in different contexts. Here, we will be looking at domicile with regards to which country you may be eligible to divorce in. First, it is important to note that people can only have one domicile . Your domicile is usually acquired at birth but can be changed in certain circumstances. For example, moving to a different country and “cutting all ties” may change your domicile.
Some expats could leave the UK to move abroad but could remain domiciled in the UK under certain circumstances. As always, it is highly recommended to seek advice from an experienced solicitor regarding whether you could be domiciled in the UK, as this is quite a complex area of law.
Some people find that more than one country has jurisdiction. In essence, this means that they may be eligible to divorce in more than one place. When there is an international element in any divorce, it can make things more complex. In these circumstances, time is often of the essence. In the UK, it usually makes no difference to the outcome of the divorce who is the petitioner (the person filing for divorce) and who is the respondent. However, this may not be the case in other countries.
Additionally, if you and your spouse were eligible to divorce in more than one country, it may be the country where the divorce petition is issued first that your divorce will go through in. Where in the world a divorce takes place may make a real difference to the outcome of your divorce. For example, If divorce is filed for in different countries within the EU and both countries have jurisdiction, it is normally the case that the country where the petition is first issued, will be where the divorce goes ahead.
As we mentioned earlier, London has become known as the “divorce capital” of the world, due to the courts’ favouring the financially weaker party. Of course, for the richer spouse, London may be the last place they want to divorce. Other countries may not take such a “favourable” view and may award what some would argue is a much less generous settlement, to the financially weaker spouse.
As one would expect, this has resulted in what has become known as a ‘petition race’ or ‘jurisdiction race’, with divorcing spouses ‘racing’ to get their divorce petition filed in a country that could see a more beneficial result for them financially.
Making the decision to get a divorce can be extremely emotional. Often, people don’t want to seek advice from a solicitor until they are 100% sure that their marriage is over. However, if there may be an international element to your divorce, time could be of the essence.
If your spouse files for divorce in a different country before you can file for divorce in the UK, you may no longer have a choice about where your divorce goes through and your financial settlement could look very different to how you originally may have expected.
If you think that you or your spouse could be eligible to divorce in more than one jurisdiction, or even if you are unsure, it is highly recommended that you seek legal advice from a solicitor who is experienced in expat divorce and understands all of the complexities this can bring with it. If you find that you may be eligible to divorce in more than one jurisdiction, it may also be helpful to seek advice from solicitors in each particular jurisdiction before you make your decision about where to divorce.
However, it is worth mentioning again that, as time may be of the essence when it comes to expat divorce, it may be important to seek legal advice from an experienced solicitor as soon as possible.
As expert divorce solicitors, we are often asked how long the divorce process takes. It’s no secret that getting a divorce can sometimes be a lengthy and time-consuming process.
The length of the divorce process does vary significantly, due to a number of different factors. For example, a couple with relatively little in the way of assets, who reach an agreement about how these assets will be split relatively quickly, may find that their divorce is finalised in around only 4 months.
However, high net worth individuals with international assets, could find that the process takes much longer, as complex negotiations often need to take place to decide how these assets will be split. Also, it may take a great deal of time if an agreement cannot be reached about the financial settlement and the couple have to ask a court to decide.
Although the financial side of a divorce is very separate to the divorce process itself, it normally runs side by side with it. As a very rough estimate, we tell our clients to expect a divorce to take around 4 to 6 months. The divorce process can take much longer than this, depending on your individual circumstances.
The majority of our expat clients will not have to come back to the UK to get a divorce here. Everything can usually be done remotely, as you would normally not have to attend court yourself. An experienced solicitor can usually manage the divorce process for you, so that you can get on with your life abroad without coming back to the UK.
However, there are instances when you may be required to travel back to the UK. If you are worried about this, speak to us for more information.
You will need to have been married for at least one year in order to apply to divorce in England and Wales. However, if you believe that your marriage is over before the one year time period is up, there is nothing legally stopping you from seeking advice from a solicitor early on.
Additionally, there are some situations where your marriage could be annulled. Speak to an experienced solicitor for more information.
Our expert divorce solicitors can help you with a range of legal issues relating to child abduction, including:
For more information call our expert divorce solicitors on 0845 862 5001 or email firstname.lastname@example.org.
Our expert divorce solicitors offer a nationwide service. We have client meeting office facilities available, in order to have face-to-face client meetings / conferences as and when required in:
Leeds Office: Princes Exchange, Princes Square, Leeds, LS1 4BY
Wakefield Office: Market Walk, Wakefield, WF1 1QR
Halifax Office: Old Lane, Halifax, HX3 5WP
Huddersfield Office: Northumberland Street Huddersfield, HD1 1RL
Coventry Office: Warwick Road, Coventry, CV1 2DY
Canary Wharf Office: 25 Canada Square, Canary Wharf, London, E14 5LB
Please contact us for more details.