Is it possible for me to divorce in England?

If, after obtaining independent legal advice, you wish to proceed with your divorce in England, you will need to fulfil one of these criteria:

• At the commencement of the divorce proceedings you and your partner are resident habitually in England or Wales;
• The last habitual residence was England or Wales for you and your partner and when the proceedings commence one of you is still living there;
• At the commencement of the proceedings the respondent is habitually resident in Wales or England;
• The petitioner has been habitually resident in England or Wales for 12 months before the commencement of the proceedings;
• The petitioner is domiciled in England or Wales and also has been habitually resident there for six months before the commencement of the proceedings;
• Both parties are domiciled in Wales or England at the commencement of the proceedings, or
• No alternative court in a Brussels IIA European Convention “contracting state” has jurisdiction and either party is domiciled in Wales or England at the commencement of the proceedings.

Your domicile, in English Law, can be somewhere you haven’t visited in many years if you think of it as your home. As this is a highly complex area of law, it is always best to obtain expert legal advice from specialist divorce solicitors such as Austin Kemp if you believe you may fulfill the criteria to divorce in England.

Contact us to see how we can help you with your divorce

For more information on your options call our team on 0845 862 5001 or email mail@austinkemp.co.uk.

We have client meeting office facilities available, in order to have face-to-face client meetings / conferences as and when required in London WC2N 4JF and Manchester M2 4PD. Please contact us for more details.