International and Expatriate Divorces

If you or your spouse have a connection to another country, it might be possible for either of you to start divorce proceedings in that country.  You would want to obtain advice in that other country and England and Wales, in order to ascertain where your position may be better protected. Where your divorce takes place can often have very different outcomes in terms of how your finances might be divided, how the court may deal with assets that were acquired before a marriage or what ongoing support may be required once the divorce has concluded. .  

England and Wales is generally being considered one of the more generous jurisdictions to get divorced in, in circumstances where it has long since been established that there is no difference, in law, between the breadmaker and the homemaker. So, when it comes to England and Wales , getting divorced here could be far more advantageous, or more prejudicial to you, than another country. It is therefore essential that you make the right decision about where to get divorced, and this often needs to be done quickly. This decision can often lead to a race to get proceedings issued first, often referred to as a “jurisdiction race”. It is common for spouses with tenuous links to England and Wales, often the financially weaker party, to try to issue divorce proceedings here to take advantage of the more generous rules regarding marital finances that are applied here. This is known as “forum shopping”

An overseas divorce can be recognised in England and Wales subject to certain rules. It is important, if you have been divorced abroad, to obtain advice as to whether (i) your divorce will be recognised here and (ii) whether you then have the ability to issue proceedings for financial support following a foreign divorce. This is a highly specialised and complex area of law, and our international divorce lawyers will be able to guide you through this difficult area.

Before you start an international divorce, the one key rule is this: take advice in all the countries where you may be able to get divorced. The rules can differ substantially from country to country and you would not want to prejudice your claims by issuing proceedings in the wrong country.

If there’s some international element to your divorce, then there’s a high chance you’ll be able to divorce in multiple jurisdictions. Our industry leading international divorce lawyers will be able to guide you through how issues such as nationality, domicile, or habitual residence may impact upon your ability to issue divorce proceedings in England and Wales.

The total cost of an international divorce can vary significantly and we will always be upfront about the possible costs that may be incurred. Ultimately, It will all come down to how complicated your case is and how much will be required to resolve your case and whether Court proceedings are required, or whether you and your spouse can resolve the issues in an out of Court setting. Our divorce lawyers can explain all the available choices based on your circumstances.

Even if you are a national of another country, you might still be able to apply for a divorce in England and Wales if you meet certain requirements. It’s vital that you get advice from a divorce lawyer as soon as possible before taking action.

Edwards Family Law has acted for many people from all over the world in this situation, successfully obtaining English divorce and financial provision for people from countries including Russia, France, Spain, Ukraine, the UAE and Egypt to name a few.

If you already have a legally recognised divorce from another country, and a financial settlement, then, subject to certain ( very strict) rules being met, you may be able to apply to the Courts of England and Wales for additional support.

Our expert family law solicitors can give you clear and concise advice about what to expect from the courts and how to effectively deal with any application from start to finish.

At Edwards Family Law, we have dealt with many cases over the years, assisting a whole range of clients in international divorce and family law Issues. We have acted for clients that need advice about whether they are able to divorce in England and Wales, if they have been served with divorce proceedings in England and Wales and those clients that have needed advice following an overseas divorce. We are experts in these fields and here to guide you through what is a difficult and complicated area of law. Please contact us for specific advice in relation to your personal circumstances.