If one of you lives abroad, it may still be possible to divorce in England and Wales. However, you will need to establish whether the courts of England and Wales have legal authority to deal with the case. This is known as jurisdiction.
International divorce can also raise questions about financial arrangements, property, pensions, children and whether proceedings have started or may start in another country. The right approach will depend on where each person lives, their connection to England and Wales, the location of assets and the wider circumstances.
Can you get divorced in England and Wales if one of you lives abroad?
Possibly. A spouse living overseas does not automatically prevent a divorce from taking place in England and Wales. The court must first have jurisdiction, meaning it has the legal power to deal with the divorce.
When applying for divorce, the court asks questions about jurisdiction. One of the usual connections is that one or both spouses are habitually resident in England and Wales. In simple terms, habitual residence is generally where a person’s life is mainly based. Domicile can also be relevant.
There are several possible jurisdiction grounds and the correct one depends on the individual facts. If there is uncertainty about whether England and Wales is the right place to start proceedings, it is important to obtain advice before taking action.
Does it matter which country deals with the divorce?
Yes. Different countries can have different rules about divorce, finances, maintenance, pensions, property and arrangements for children.
In some cases, more than one country may appear to have a connection with the marriage. This can make it important to understand where proceedings should take place before either person begins a formal process. Once proceedings have started elsewhere, there may be further issues to consider about whether the courts of England and Wales can deal with all or part of the case.
The divorce itself is only one part of the picture. The country dealing with financial arrangements may be especially important where there are assets in more than one country, a business, pension provision, inherited wealth, trusts or property abroad.
What happens if your spouse is abroad when you apply?
The divorce process can continue even if your spouse lives overseas, but they must be formally notified of the application. This is known as service.
The steps needed can depend on the country where they live, whether their address is known and whether they are willing to acknowledge the divorce papers. Documents may also need to be translated or served in a particular way, depending on the circumstances and the rules that apply.
If your spouse disagrees that the courts of England and Wales have jurisdiction, they may dispute the application on that legal basis. GOV.UK identifies living abroad and the court lacking jurisdiction as an example of a legal reason to challenge a divorce application.
This is why it can be helpful to establish the correct jurisdiction at an early stage.
Financial arrangements when assets are in more than one country
International divorce can involve finances held in England and Wales, overseas or in both places. This may include:
- A family home or other property
- Savings and investments
- Pension arrangements
- Business interests or company shares
- Trusts or inherited assets
- Income paid in another currency
- Debts and borrowing in more than one country
Before financial arrangements can be considered properly, it is important to build a clear picture of the finances. This may involve gathering information about assets, income, pensions, liabilities and other financial resources in each relevant country.
Where a financial remedy case is contested in England and Wales, Form E is used to provide detailed financial information. The same official form is also used in some applications for financial relief following an overseas divorce.
The existence of assets abroad does not by itself determine where a divorce or financial case should be dealt with. It does, however, make it particularly important to understand the full financial position and obtain advice before reaching an agreement.
For further information, visit our high net worth divorce and financial settlements on divorce pages.
What if the divorce takes place overseas?
A divorce completed in another country may be recognised in England and Wales, but this depends on the circumstances and the legal requirements that apply.
GOV.UK guidance explains that recognition can depend on matters such as whether the divorce was valid in the country where it was obtained and the connection that either spouse had with that country at the relevant time.
Recognition of an overseas divorce and financial arrangements following that divorce are separate questions. In some situations, it may be possible to seek financial relief in England and Wales after an overseas divorce. Whether this is available depends on the facts and legal requirements, so it should not be assumed.
Children and international divorce
Where there are children, their day-to-day arrangements are usually a separate issue from the divorce process itself. Parents may need to consider where a child lives, the time they spend with each parent, school routines, travel and how important decisions will be made.
If one parent lives abroad, or is considering moving abroad with a child, practical arrangements may need to account for distance, school holidays, travel costs, communication and the child’s relationship with each parent.
A proposed move abroad with a child can raise additional legal questions. Permission may be needed from everyone with parental responsibility or from the court before a child is taken abroad.
Read more about child arrangements and international child relocation.
Practical steps to take
- Identify the countries connected to your situation
Consider where each of you lives, where you are domiciled, where your assets are held and whether proceedings have started elsewhere. - Gather key documents and financial information
This may include marriage documents, property records, pension information, business accounts, bank statements and documents relating to overseas assets. - Avoid making assumptions about jurisdiction
Living abroad does not automatically prevent an English or Welsh divorce. Equally, a connection with England and Wales does not guarantee that it is the appropriate forum for every aspect of the case. - Consider arrangements for children separately
Make sure that practical arrangements for children, including travel and contact, are considered alongside the divorce and financial issues. - Seek advice before starting proceedings or finalising an overseas agreement
Early advice can help you understand the legal and practical implications of the country in which proceedings are started.
How NLS can help
International divorce can involve questions about jurisdiction, financial disclosure, overseas assets and arrangements for children. NLS can help you understand the issues that may need to be addressed, consider the available options and prepare for the next stage.
