Can I Get Divorced in the UK if I Live Abroad?
Yes, however there are requirements that need to be met for you to demonstrate that you have jurisdiction. This is a complex area of law and advice should be sought early on from a family law specialist as this can have significant financial consequences.
Please note that divorce laws differ throughout the UK countries, and the following applies to the laws in England and Wales only.
Can I Get Divorced in England and Wales?
In order to have jurisdiction one of the following must apply:
- Both you and your spouse are habitually resident in England and Wales.
- You wish to commence divorce proceedings and your spouse lives in England and Wales.
- You wish to commence the divorce and you have lived in England and Wales for the last 12 months.
- You wish to commence the divorce and you have lived in England and Wales for the last 6 months and you are domiciled in England and Wales.
- You and your spouse are both domiciled in England and Wales.
- Either you or your spouse are domiciled in and England and Wales.
What Is Domicile?
Domicile is acquired at birth. You can only have one domicile. You can acquire a new domicile by moving to a new country and intending to remain there permanently. However, even if you are living abroad, your domicile could be found as being in another country, which you consider 'home'.
Should I Get Divorced in England and Wales?
Divorce and financial separation laws differ all around the world with varying outcomes. Some countries may have rules that are more advantageous for the wife, and others for the husband.
The decision of where is best to start divorce proceedings is also known as 'jurisdiction shopping'. If jurisdiction is not agreed, this can lead to a 'jurisdiction race', where spouses compete to obtain their desired jurisdiction. The English Court will look at the overall circumstances and decide which is the more appropriate jurisdiction. Whilst filing first may help, it will be just one factor the court considers.
It is essential to get advice quickly if you think jurisdiction may be an issue in your divorce. Where you think there may be more than one jurisdiction, you will need to obtain advice from a family law specialist in both countries. Our specialists are available for advice as soon as possible. We can be flexible to suit time zones and offer virtual meetings so there is no need to visit the UK.
If you are considering divorcing in the UK and are currently living abroad, please contact Samantha Hickman in our Family Law team on 0117 925 2020, or complete the form below.