Myself or my spouse live abroad. Can I apply for a divorce in England and Wales?

If either spouse lives abroad then there are some circumstances when you can petition for a divorce in England and Wales.

This is a particularly complex area of law and we recommend that you take expert legal advice before making any decisions.

Where you divorce could have a significant impact on what happens to your wealth and assets and how they are divided so it is very important that independent legal advice is sought by both spouses.

If you both were last habitually resident in England and Wales, with one of you still living there, then you may be able to divorce there. If the respondent of the divorce is habitually resident in England and Wales or if the petitioner is habitually resident and has been for at least a year (six months if they have their domicile here) before the petition was issued then you may be able to divorce in England and Wales. Alternatively, if both of you are domiciled (generally you would be domiciled where you were born) to England and Wales then you may also be able to divorce there.

What is meant by habitual residence and domicile in the law can be quite complex and it is best to get independent legal advice if you wish to divorce in England and Wales and one of you lives abroad.