International Divorce: Jurisdiction, Process and Financial Claims

Can I divorce in England if I married abroad or my spouse lives overseas?

Usually, yes. Where you married does not matter, provided the marriage was valid in that country. What matters is your connection to England and Wales. You can normally start an international divorce here if either of you lives here or is domiciled here, subject to minimum residence periods in some cases, even if your spouse lives abroad.

Key takeaways

• Where you married is irrelevant. A marriage valid where it took place can be ended in England and Wales.
• Connection is everything. The court needs one of you to be habitually resident or domiciled here.
• The country can change the outcome. England and Wales is widely seen as favourable to the financially weaker spouse, so the choice of country can matter as much as the facts.
• Speed can be decisive. Where two countries could hear the case, the first to issue often gains an advantage, although an English court can decline jurisdiction.
• A foreign divorce may not be the end. Part III of the Matrimonial and Family Proceedings Act 1984 can allow a financial claim here after a divorce abroad.
• Enforcement varies by country. Maintenance orders travel well between treaty countries; lump sum and property orders often need local proceedings.
• Children are protected by treaty. The 1980 Hague Convention provides a fast route for the return of an abducted child between member countries, but not every country has signed it.

How does the English court decide whether it can hear an international divorce?

The court looks at your connection to England and Wales on the date the application is made. Jurisdiction depends on habitual residence or domicile, not nationality or where you married. If one of the legal tests is met, the court can deal with the divorce, finances and, separately, the children.

What are the legal tests for jurisdiction?

Under the Domicile and Matrimonial Proceedings Act 1973, as amended after Brexit, the court of England and Wales has jurisdiction if, on the date of the application:

1. Both spouses are habitually resident in England and Wales.
2. Both were last habitually resident here and one still lives here.
3. The respondent is habitually resident here.
4. In a joint application, either spouse is habitually resident here.
5. The applicant has been habitually resident here for at least one year.
6. The applicant is domiciled and has been habitually resident here for at least six months.
7. Either spouse is domiciled in England and Wales.

Only one test needs to be met. The domicile test in point 7 is the one that most often allows British expats to divorce here even after many years living abroad.

What is the difference between habitual residence and domicile?

Habitual residence is where your life is currently centred: your home, work, family and social ties, judged on the facts. Domicile is a deeper legal connection. You acquire a domicile of origin at birth, usually your father’s domicile, and keep it unless you move to another country intending to stay there permanently.

This means someone who has lived in Dubai or Singapore for a decade may still be domiciled in England if they always intended to return. Domicile for family law is separate from tax status. The abolition of non-domiciled tax status in April 2025 did not change how domicile works for divorce.

Can I divorce here if I married abroad?

Yes, if the marriage was legally valid in the country where it took place. You will need the original marriage certificate, and a certified English translation if it is in another language. Religious-only ceremonies that were not legally registered abroad may not be recognised as marriages, which affects whether a divorce, or financial claims, are available at all.

Why does it matter which country hears the divorce?

Each country applies its own rules to dividing money and property, so the same family can receive very different outcomes depending on where the case is heard. England and Wales is often seen as favourable to the financially weaker spouse, because it shares matrimonial assets equally, assesses needs generously and can order long-term maintenance.

How do approaches differ between countries?

These are broad patterns, not rules. Many countries also give effect to a marriage contract or matrimonial property regime chosen at the wedding, which an English court will take into account but is not bound by.

What happens if we could divorce in two countries?

Both countries may have jurisdiction at the same time. Since the UK left the EU, there is no automatic rule that the first court to receive an application keeps the case. Instead, an English court can pause, or stay, its proceedings if another country is clearly the more appropriate place for the case to be heard.

The court looks at where the family has its closest connections, where the assets and children are, what stage each set of proceedings has reached, and fairness to both spouses. Starting first does not guarantee the case stays here, but it often helps, and a spouse who delays can find the other country has moved ahead. Separate rules apply if proceedings are also under way in Scotland or Northern Ireland.

Should I start proceedings quickly?

If you think your spouse may begin proceedings in a country less favourable to you, take advice urgently. In some cases, the difference between issuing today and issuing next week determines which court decides your finances. That does not always mean rushing to court, but it does mean getting the analysis done before the other side acts.

What international divorce situations do we handle?

Most international cases fall into a few recurring situations: British expats living abroad, couples where one spouse has moved overseas, families with assets or pensions in several countries, and claims after a divorce granted abroad. Each raises different questions about where to divorce and how to secure a fair financial outcome.

Can I divorce in England if my husband lives in Dubai?

Often, yes. If you live in England and Wales, you can usually apply here once you have been habitually resident for a year, or for six months if you are also domiciled here. If you both live in Dubai, you may still be able to divorce in England if either of you remains domiciled here.

The UAE now allows many non-Muslim expatriates to divorce under civil family law rather than religious law, but its approach to finances differs significantly from England’s. Where both countries are available, careful advice on which is more appropriate, and on how an English order would be enforced against assets in the UAE, is essential before anything is issued.

What if we are British but have lived abroad for years?

Expat couples frequently keep an English domicile even after long periods overseas, particularly if they own property here, have children at school here or always planned to return. That domicile can give the English court jurisdiction, even if neither spouse has lived here recently. The court will look closely at the evidence of intention, so domicile is often contested.

What if my spouse lives abroad and will not engage?

You can still divorce here. The application can be served on your spouse abroad, and if they do not respond, the divorce can proceed. For finances, the court can make orders about assets anywhere in the world and draw adverse conclusions if your spouse refuses to disclose. Practical success depends on where the assets are, which is why enforcement is considered from the start.

What happens to my pension if we divorce in two countries?

An English court can only make a pension sharing order against a pension scheme based in the UK. It cannot directly split an overseas pension, such as a foreign employer or state scheme. Instead, the court usually offsets the overseas pension against other assets, or relies on an order from the court where the pension is held.

If the divorce happens abroad, a foreign court generally cannot split a UK pension either. A claim under Part III of the 1984 Act, explained below, may be the only way to share a UK pension after a foreign divorce. Planning which court deals with which pension is often critical to a fair outcome.

Can I make a financial claim in England after a divorce abroad?

Possibly. Part III of the Matrimonial and Family Proceedings Act 1984 allows the English court to make financial orders after an overseas divorce has been recognised here. You need the court’s permission first, a sufficient connection to England and Wales, and a substantial reason why the English court should become involved.

Who can apply under Part III?

You can apply if you have not remarried and, at the date of the foreign divorce or your application, either of you was domiciled in England and Wales or had been habitually resident here for at least a year. If neither applies, a claim may still be possible over a former matrimonial home in England and Wales, but only in relation to that property.

What will the court consider before giving permission?

The court must be satisfied there is a substantial ground for the application. In Agbaje v Agbaje [2010], the Supreme Court said Part III exists to remedy real hardship or injustice, not to give a second bite at the cherry simply because England is more generous. Relevant factors include:

• How strong each spouse’s connection is with England and Wales and with the other country.
• What financial provision has already been made abroad, and whether it has been paid.
• Whether assets, particularly property or pensions, are located in England and Wales.
• How long has passed since the foreign divorce.

In Potanina v Potanin [2024], the Supreme Court confirmed that once permission is granted, it should only be set aside in limited circumstances, which gives successful applicants more certainty.

Will England recognise a divorce granted abroad?

Usually. Under the Family Law Act 1986, a divorce obtained through court or similar proceedings abroad is generally recognised if it is effective in the country where it was granted and either spouse was habitually resident, domiciled or a national there. Recognition can be refused if one spouse was not properly notified or given a fair chance to take part. Divorces obtained without proceedings, such as some religious divorces, face stricter tests, particularly where either spouse lived in the UK at the time.

Can a UK financial order be enforced abroad?

Often, but it depends on the type of order and the country. Maintenance orders benefit from international treaties and reciprocal arrangements, so they can usually be enforced in many countries. Lump sum, property and pension orders fall outside those treaties, and enforcing them abroad normally requires proceedings under the local country’s own law.

How are maintenance orders enforced overseas?

Since 1 January 2021, the UK has been a party in its own right to the 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance. It applies between the UK and all EU countries except Denmark, as well as other member countries including the USA. The UK also has reciprocal enforcement arrangements with many Commonwealth and other countries, administered by the REMO unit. GOV.UK explains how to get child maintenance if one parent lives abroad.

What about lump sums and property abroad?

The English court can make orders about property and assets anywhere in the world, including ordering a spouse to transfer or sell a foreign property. But a foreign court will not necessarily give effect to that order directly. Common approaches include:

• Mirror orders. Obtaining an equivalent order from the court where the assets are, often agreed as part of the settlement.
• Registration or recognition proceedings. Applying to the local court to recognise and enforce the English order under its own rules.
• Orders against the person. Requiring a spouse within the English court’s reach to act, with penalties for non-compliance.
• Structuring the settlement. Giving the receiving spouse more of the assets located in England and Wales, so less has to be enforced abroad.
• Freezing orders. In appropriate cases, a worldwide freezing order can stop assets being moved before the case is decided.

Because enforcement can determine whether an order is worth having, we consider it from the very first meeting, not after the order is made.

How are children’s arrangements decided in an international case?

Arrangements for children are decided separately from the divorce, usually by the courts of the country where the child is habitually resident. The child’s welfare is the court’s paramount consideration. Where parents live in different countries, the key questions are which court decides, whether a child can move abroad, and how contact will work across borders.

Which country decides where the children live?

In most cases, the courts of the country where the child habitually lives. The 1996 Hague Child Protection Convention, in force in the UK since 2012 and applying with all EU countries after Brexit, sets this rule between member countries and allows orders made in one to be recognised in another. A divorce being heard in England does not automatically mean the English court can decide arrangements for children living abroad.

Can I move abroad with my children after divorce?

Only with the written consent of everyone with parental responsibility, or the court’s permission. Removing a child under 16 from the UK without consent can be a criminal offence under the Child Abduction Act 1984. A parent named in a child arrangements order as someone the child lives with may take the child abroad for up to a month without consent, unless the order says otherwise.

If the other parent objects, you can apply to the court for permission to relocate. The court considers the child’s welfare as a whole, including the reasons for the move, the plans for schooling and housing, and how the relationship with the other parent will be maintained. There is no presumption either way, and a detailed, realistic plan is essential.

How does contact work across borders?

Contact arrangements need careful drafting when parents live in different countries: who pays for travel, how passports are held, and what happens during holidays. Where a child will spend time in a country outside the 1980 Hague Convention, the court may require safeguards such as a mirror order in that country or a financial guarantee before allowing travel. Judges can also communicate directly across borders through the International Family Justice Office, which supports cross-border cases involving children.

What happens if a child is taken abroad without consent?

If a child is taken to, or kept in, another country without the other parent’s consent or a court order, it may be international child abduction. Where that country has signed the 1980 Hague Convention, the left-behind parent can apply for the child’s prompt return. Where it has not, the options are more limited and urgent specialist advice is vital.

How does the Hague Convention work?

The 1980 Hague Convention on the Civil Aspects of International Child Abduction requires member countries to return a child wrongfully removed from, or kept away from, the country where they habitually lived. The court where the child now is does not decide the long-term arrangements. It decides only whether the child should go back, so the home country’s courts can decide the rest.

Applications go through a central authority in each country. In England and Wales, this is the International Child Abduction and Contact Unit. Courts aim to decide return applications within six weeks. A return can be refused only on narrow grounds, including:

• The left-behind parent consented to, or later accepted, the move.
• There is a grave risk that return would expose the child to harm or an intolerable situation.
• The child objects and is old and mature enough for their views to be taken into account.
• More than a year has passed and the child is now settled in their new environment.

What if the child has been taken to a non-Hague country?

Some countries, including the UAE and India, have not signed the 1980 Convention, so there is no treaty route for return. Options can include asking the English High Court to make the child a ward of court, starting proceedings in the other country, mediation, and diplomatic support from the Foreign, Commonwealth and Development Office. GOV.UK publishes guidance on international parental child abduction, including country-specific information.

What should I do if I fear my child will be taken abroad?

Act immediately. If removal is imminent, call the police, who can issue an alert to ports and airports. A solicitor can apply urgently for a prohibited steps order preventing removal and for passports to be surrendered to the court. Our international child abduction page explains the steps in more detail.

Frequently asked questions

Can I divorce in England if I am not British?

Yes. Nationality is not one of the tests. What matters is habitual residence or domicile in England and Wales, so foreign nationals living here can usually divorce here.

Will an English court follow a prenup signed abroad?

An English court is not bound by a foreign prenuptial agreement or matrimonial property regime, but it will usually give it significant weight if it was entered into freely and with a proper understanding of its effect. Radmacher v Granatino [2010], which established the modern approach, itself concerned an agreement signed in Germany.

What happens to a mahr or other marriage contract?

A mahr or similar religious marriage contract is not automatically enforced as part of an English divorce. The court can take it into account as one of the circumstances of the case, and in some situations it may be enforceable as a contract.

Do I need lawyers in both countries?

Often, yes. Your English solicitor can advise on English law and strategy, but questions about the other country’s law, recognition of orders and enforcement against assets there need a local lawyer.

How long does an international divorce take?

The divorce itself takes at least 26 weeks in England, as it does for any couple. Finances and children can take longer where there is a dispute about jurisdiction, assets abroad or enforcement. A jurisdiction dispute alone can add several months.

How can Austin Kemp help with an international divorce?

In an international case, the most important decisions are often made before anything is filed: which country to divorce in, how quickly to act, and how any order will be enforced. Our family law team advises on divorces involving expats, overseas spouses, foreign assets and pensions, financial claims after a foreign divorce, and children moving or taken abroad.

Austin Kemp is ranked in The Legal 500, which notes the team’s work on divorce and family breakdown cases with complex and international elements. You may also find our guides to high net worth divorce and financial settlements helpful.

If you or your spouse live abroad, or you are worried proceedings may start in another country, speak to an international divorce solicitor as early as possible.

About the author Hayley Jetson | Senior Associate

SRA Number 837569 

Clarity, Control and Strategic Strength in International Family Law

When family law crosses borders, complexity increases and mistakes become costly.

Hayley Jetson advises high net worth and internationally mobile clients on complex divorce, financial disputes, and children matters. Her experience spans both England and Hong Kong, giving her a truly international perspective that is critical in modern family law.

She is trusted by clients who expect precision, discretion, and a clear strategy from the outset. Whether dealing with substantial wealth, jurisdiction disputes, or sensitive children matters, Hayley brings control and structure to situations that can otherwise feel overwhelming.

International Expertise. Commercial Awareness. Absolute Focus.

Hayley’s practice covers:

• Divorce and complex financial remedy
• High value disputes involving businesses, trusts, and international assets
• Jurisdiction disputes and cross-border strategy
• Prenuptial and postnuptial agreements, including contested agreements
• Private children law, including international relocation and abduction
• Financial provision for children and unmarried parents
• Family Law Act proceedings
• TOLATA claims
• Surrogacy matters

Why Instruct Hayley Jetson?

Because international family law demands more than technical knowledge.

It requires experience across jurisdictions, the ability to coordinate multiple professionals, and the judgement to make the right strategic decisions at the right time.

Hayley combines international experience with sharp legal thinking and a grounded, pragmatic approach. She understands what is at stake and works to protect her clients’ position with precision and care.

If you are dealing with a complex or international family matter, Hayley provides the clarity and strength needed to move forward with confidence.

For more information: https://austinkemp.co.uk/people/hayley-jetson/