Divorce for British expats

Can I divorce in the UK when I live abroad?

If you are originally from England or Wales, but now living abroad as an expat, you can usually get divorced in an English court. This is because, even though your home is overseas – and may have been for many years – you are legally ‘domiciled’ in the UK.

The English court simply needs to be sure that England is the home country of either you or your spouse.

However, if it’s clear that you have both retired abroad, severed all connection with the UK, and don’t intend to return, the court may decide that England is no longer your home country. In that case, you won’t be able to arrange your divorce in the UK.

Choosing the best jurisdiction for your divorce

As a British expat, you may qualify to divorce in multiple jurisdictions – based on where you and/or your spouse live regularly (for work or study etc), where you live permanently or where you or your spouse was born. Where you divorce could have a big impact on the outcome of the proceedings – so it’s always wise to consult an experienced international divorce specialist before you apply to the courts. In fact, you should check with a specialist lawyer in each possible jurisdiction, to make sure you’ve spotted every potential pitfall.

It’s also worth noting that if you have a British prenuptial agreement, it may not be recognised by a foreign court.

Deciding on the right jurisdiction can be complex, and the wrong advice can lead to costly disputes and unnecessary litigation, which could have a huge impact on your finances and your children’s future. That’s why it’s so vital to get the jurisdiction right, as it can help ensure the best possible financial outcome.

Foreign property and expat divorce

Unfortunately, even if you are getting divorced through the English legal system, the UK courts may not be able to handle everything.

For example, if you own property in another country, the English court’s jurisdiction will depend on whether any orders for its sale or transfer are enforceable in that country.

This is a very complicated legal area, so you should consult an expert to discuss other ways of disposing of overseas property. You might be able to offset your share in it against some other marital assets. On the other hand, if you and your spouse can agree amicably on the sale or transfer of the property, the English court will probably give its approval.

The importance of professional advice

Every divorce is different, and divorces with an international element can be particularly complex. Before making any life-changing decision such as moving, marrying or divorcing abroad, it’s always wise to consult an international divorce specialist. They will advise you how to secure the best outcomes in the unfortunate event of a divorce.

Contact an international family lawyer

Get in touch online or call on 0800 422 0123. We advise and act for clients in the UK and overseas from our offices in Birmingham, Bristol, Cardiff, London, Manchester, Southampton and Taunton.