Advice

Expat divorce
A marriage coming to an end can be a particularly distressing time, especially if one spouse is having difficulty coming to terms with the breakdown of the relationship.
Seeking expert legal advice as soon as possible after realising a relationship is drawing to a close, is often the last thing on many people’s minds. However, if you may be eligible to divorce in more than one country, acting as quickly as possible could make a real difference to the outcome of your divorce.
Over the past few decades, it has become increasingly popular for people to move around the world and settle in different countries. This has meant that it has become more common for people to be eligible to divorce in more than one jurisdiction.
As experienced divorce solicitors based in the UK, we are often contacted by British expats wanting to know if they are able to divorce in the UK, or more specifically, England and Wales. English and Welsh divorce law (Scottish law is a separate system) is known worldwide for being much more generous than some other jurisdictions towards the ‘financially weaker’ party. Indeed, London has become known as the ‘divorce capital’ of the world for this very reason.
Where can I get a divorce?
When thinking about where you may be eligible to divorce, it can be helpful to consider things such as where you and your spouse were born and where you both live now.
The rules regarding where you may be able to get a divorce are quite complex, so it is important to speak to an experienced solicitor about your particular circumstances.However, whether or not you may be permitted to file for divorce in England and Wales, largely depends on where you and your spouse are habitually resident and where you are domiciled.
Can I get a divorce in England?
In order to get a divorce in England, you would need a sufficient connection with England and Wales. For example, if you are habitually resident in England and Wales, you may be eligible to get a divorce here, even if you were married elsewhere.In order to get a divorce in England and Wales, you (or your spouse) will have to fall into a particular category. Either:
- Both you and your spouse are habitually resident in England or Wales
- England or Wales was the last habitual residence of you and your spouse and one of you is still living there
- The respondent is habitually resident there
- The petitioner has lived in England or Wales for the 12 months just before starting the divorce proceedings
- The petitioner has lived in England or Wales for the 6 months just before starting the divorce proceedings and is domiciled there
- Both you and your spouse are domiciled in England and Wales
There may also be some other limited circumstances where you could find that you could divorce in England and Wales, if only you or your spouse is domiciled in there. Speak to us for more information.
Definition of ‘habitually resident’ and ‘domicile’
Definition of ‘habitually resident’
Where you are habitually resident would generally be wherever you live and work. This would normally be the country that you have made your home.
Definition of ‘domicile’ in England
Domicile is quite a complex area of law and can mean different things in different situations and legal settings.When it comes to looking at which country you could be eligible to divorce in, unlike habitual residency, you can only have one domicile[1] . This is usually acquired at birth but could be changed by, for example, cutting all ties to your ‘home’ country and settling somewhere else, with the intention of never coming back.Many expats find that they are still domiciled in England, so could be eligible to divorce through the English courts.If you think 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 as soon as possible, from a solicitor experienced in international divorce law, in each potential jurisdiction.This way, you can work towards making an informed decision about which country would be best to undertake your divorce in.Get in touch with us to discuss your particular circumstances - our divorce solicitors are experienced in expat divorces and are happy to help if you are unsure as to whether you may be able to divorce in England.
Divorcing in England and Wales
Contrary to popular belief, expats who are living overseas can sometimes be eligible to divorce through the English courts, as long as certain criteria are met.
Here at Austin Kemp, we are experienced at conducting the divorce process for expats. There is usually no need to come back to England at any point in the divorce process, as normally, all elements can be handled remotely, enabling you to get on with your life abroad without the added stress and expense of coming back to the UK.We are often asked by our clients if an expat divorce takes longer than a normal divorce. In most cases, the answer is no. The process is the same as the divorces we undertake for our clients who live in England.How long a divorce takes usually depends on the complexity of your finances. Although the financial settlement is quite separate to the divorce process itself, it usually runs concurrently with it. We usually advise our clients that a divorce takes around 4 to 6 months, although for our high net worth clients, it can be substantially longer.
The ‘petition race’
In recent times, it has become more and more common for families to move to different countries around the world.
Inevitably, this has resulted in what has become known as a ‘jurisdiction race’ or ‘petition race’, with divorcing spouses ‘racing’ to get their divorce petition filed in a country that could see a more beneficial result for them financially.If divorce is filed for in different countries within the EU (not including Denmark) and both countries have jurisdiction, it is normally the case that the country where the first petition is issued, will be where the divorce goes ahead.Divorce laws in different countries vary significantly. For example, English and Welsh courts are known to be more generous towards the financially weaker party, which still tends to be the wife. In other EU countries, such as France, this may not be the case. If both countries had jurisdiction, you can see why the financially stronger party may be keen to push through the divorce in France, rather than the UK, for example.Additionally, some people believe the English courts to be cheaper than some of their foreign counterparts.If you think you could be eligible to divorce in more than one country, it is important to seek legal advice from experienced family lawyers, such as Austin Kemp, as soon as possible. Acting quickly could make a real difference to the outcome of your financial settlement.
Applying for a divorce
When a relationship breaks down, it can be difficult to come to terms with.
Dealing with legal issues is often the last thing on your mind, especially if you don’t really want the relationship to come to an end.Here at Austin Kemp, we often talk to clients who have waited to see us until many weeks or months after separating from their spouse. Although whether you are the petitioner (the person who starts the divorce proceedings) or the respondent usually makes no different in English courts, this may not be the case in every country throughout the world.We also see people whose spouse has begun divorce proceedings abroad. By the time these clients come to see us, it is often too late to begin proceedings in the UK, where the outcome could have been more favourable for them.Sometimes, it is important to act quickly and seek legal advice, especially if you are an expat and aren’t sure which jurisdiction or jurisdictions you could be eligible to divorce in.In some instances, it is whichever country that issues the divorce petition first, that the divorce ends up going through in.If you think there may be international elements to your divorce, it is highly recommended that you speak to an experienced solicitor as soon as possible. Our solicitors are happy to advise clients at all stages of the divorce process, even if you are not yet sure that you want the divorce to go ahead.Speak to us for more information.
When to apply for a divorce
You must have been married for at least one year in order to apply for a divorce.
Whether or not you can apply for a divorce in England and Wales, largely depends upon your habitual residence or domicile - take a look at our Expat Divorce page for more information. Our experienced divorce solicitors are happy to help if you want advice regarding your particular circumstances.The divorce process itself is relatively simple, unless the respondent chooses to ‘defend’ the divorce. This is not very common but can be very complex. Speak to us for more information about this.The financial settlement and what will happen to any children involved are separate from the divorce process itself, but are usually dealt with simultaneously.
How to start divorce proceedings
The person who starts the divorce proceedings is known as the petitioner.
The person responding to the proceedings is called the respondent.
It is the petitioner who files the petition at court in order to begin the divorce proceedings. Your solicitor can also do this for you if you would prefer, or if it is inconvenient to get to an English court because you live abroad.The petition gives information to the court about why you and your spouse are ending the marriage.In this petition, you must show that there has been an ‘irretrievable breakdown’ of your marriage.You can do this by giving evidence in order to prove one of five things:1) Unreasonable behaviourYou’ll need to show the court that your spouse has behaved so badly that you cannot bear to live with them any longer.2) AdulteryIn order to rely on adultery as to why your marriage has irretrievably broken down, you will need to show that your spouse has had sex with a member of the opposite sex and that, because of this, you can’t bear to live with them any longer. You may be unable to use this ground if you found out more than 6 months ago.3) Separation for more than 2 years (with consent)4) Separation for 5 years (without consent)5) Your spouse has deserted you (this will need to be for two years or more)

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Advice

International Divorce

Expat divorce

A marriage coming to an end can be a particularly distressing time, especially if one spouse is having difficulty coming to terms with the breakdown of the relationship.

Where can I get a divorce?

When thinking about where you may be eligible to divorce, it can be helpful to consider things such as where you and your spouse were born and where you both live now.

Can I get a divorce in England?

Definition of ‘habitually resident’ and ‘domicile’

Definition of ‘habitually resident’

Definition of ‘domicile’ in England

Divorcing in England and Wales

Contrary to popular belief, expats who are living overseas can sometimes be eligible to divorce through the English courts, as long as certain criteria are met.

The ‘petition race’

In recent times, it has become more and more common for families to move to different countries around the world.

Applying for a divorce

When a relationship breaks down, it can be difficult to come to terms with.

When to apply for a divorce

You must have been married for at least one year in order to apply for a divorce.

How to start divorce proceedings

The person who starts the divorce proceedings is known as the petitioner.

The person responding to the proceedings is called the respondent.

Make the first move