Living Abroad and Getting Divorced in England and Wales

Divorce across international borders adds a layer of complexity that a purely domestic divorce does not involve. Where one or both parties live abroad, or where there are assets in other countries, the question of where to conduct the divorce and how the financial settlement will work requires careful thought from the outset.

Jurisdiction: which country's courts have authority

The first question where international elements are involved is which country has jurisdiction to deal with the divorce and the financial proceedings. In England and Wales, the courts can take jurisdiction over a divorce where either party is domiciled or habitually resident in England and Wales, and in some cases where both parties were last habitually resident here.

Where more than one country could potentially take jurisdiction, there may be a choice available. Which country's courts deal with the divorce can make a significant difference to the financial outcome, as different legal systems treat matrimonial finances very differently. Getting advice early, before proceedings are commenced anywhere, is important.

Living abroad but remaining connected to England and Wales

Many people who are living abroad maintain connections to England and Wales, whether through habitual residence history, domicile, nationality, or the location of significant assets. This can give the English courts jurisdiction to deal with the financial proceedings even where neither party currently lives in England.

If you are living abroad but believe the English courts may have jurisdiction, or if you are in England and your spouse is abroad, taking specialist advice on the jurisdictional question at the earliest stage is one of the most important steps you can take.

Our family law barristers can advise on international jurisdiction questions and how they affect your case.

Assets in other countries

Where there are assets located outside England and Wales, the English court can still take them into account as part of the overall financial picture when making a financial order. However, enforcing an English court order against assets in another country may be more complex, depending on the relationships between the legal systems involved.

In practice, where significant assets are held abroad, specialist advice on how those assets can be dealt with within an English financial settlement is essential. The practical enforceability of any order needs to be considered alongside the legal principles.

Foreign divorce orders and recognition

If a divorce has already been obtained in another country, the question arises of whether it will be recognised in England and Wales and whether it is possible to bring financial proceedings here on the back of a foreign divorce. The rules on this are complex and depend on the specific country involved and the circumstances in which the foreign divorce was obtained.

It is possible in some cases for English financial proceedings to be brought following a foreign divorce. However, this is a specialised area and the rules have specific requirements that need to be carefully assessed.

Where to start if your situation has international elements

The most important thing where international elements are involved is to take specialist advice before taking any steps in any country. Commencing proceedings in the wrong jurisdiction, or allowing proceedings to be commenced abroad without taking advice first, can significantly limit your options.

You can read more about how the financial remedy process works in our guide to direct access barrister advice versus using a solicitor.

You can arrange an initial conversation with one of our barristers through our contact page.