International divorces: frequently asked questions
I am currently living abroad can I get divorced in England or Wales?
If you currently live abroad but your spouse lives in England or Wales you are likely to be able to divorce here. It may be financially advantageous for you to get divorced here, so it is important that you obtain specialist advice regarding this matter before you issue divorce proceedings.
I am not from England or Wales can I get divorced here?
If you are living in England or Wales, but are from another country, you are likely to be able to divorce here. Again it may be financially advantageous for you to get divorced here, so it is important that you obtain specialist advice regarding this matter before you issue divorce proceedings.
How will the courts deal with my divorce?
The procedure for obtaining a divorce if you or your spouse live abroad is exactly the same as that for a couple living in England or Wales. Provided that the proceedings progress undefended, which they do in all but the most unusual of cases, obtaining a divorce is a relatively straightforward process, based on the completion of forms which are filed at court. This can be done even if you are living abroad. For more details on this see our section on Divorce.
There are two issues which arise when considering whether to issue divorce proceedings in England and Wales which will need to be considered more carefully than usual should you or your spouse live abroad. These are:
- whether the courts of England and Wales have jurisdiction to deal with the divorce
- taking the correct steps to serve the petition on your spouse if they live abroad
It is important that these issues are explored carefully before a divorce petition is issued. You should therefore ensure that you instruct a solicitor with expertise in dealing with international divorce cases.
What will happen if I have assets abroad?
The courts in England and Wales have the ability to make orders in relation to any assets located abroad. This includes bank accounts, properties, and investments. This is because the order is made against you or your spouse, not the asset itself or any third party such as a bank or land registry. The courts will take them into account as they would if they were located in this country. Specialist advice may however be required about local laws applicable to the assets, such as the country’s tax or land registry rules.
Once an order has been made, should your spouse ignore the order, enforcement steps can be taken. This can involve liaising with lawyers abroad, in the country where the assets are located, to seek their assistance. On occasions, the interaction of the laws of the different countries can become complicated.
It is therefore important that your solicitor has experience in dealing with cases involving an international element, so that they will know the necessary steps to take and be able to approach any experts in the country concerned whom might be required to assist.
International divorce our expertise
All of our family solicitors have experience of dealing with clients who live abroad, or whose spouses live abroad or who have assets abroad. Andrew Newbury is a member of the International Academy of Matrimonial Lawyers (a worldwide association of practising lawyers who are recognised by their peers as the most experienced and expert family law specialists in their respective countries).
With regard to international child issues, Louise Halford and Cara Nuttall are on the list of recommended solicitors for Reunite (the leading UK charity specialising in international parental child abduction), and both have good links with lawyers and agencies abroad via their previous child abduction case experience. For more information see our section on child abduction.
Pannone has an International Property team who deal with the purchase and sale of both French and Spanish properties. We have many solicitors at this firm who speak more than one language fluently, so they are able to assist with translation issues. We also have access to family lawyers in 21 countries via the Pannone Law Group, Europe’s first integrated international law practice, who can assist with international legal issues.
Recently, our family law solicitors have taken on cases involving 70 different countries around the world.
International family law and divorce solicitors
To arrange a discussion with a family law solicitor click here or call us on 0800 840 4929. We are available to take your call twenty four hours a day, seven days a week.
