International Divorce Lawyers

The cost of a divorce depends on many factors including how cooperative each person is and the complexity of the assets and issues concerned. A specialist international divorce lawyer will be able to provide you with an estimate.

If there are international elements to your case, it is important to speak with a specialist family lawyer who has experience of cases involving international divorce. They will be able to advise you on the process and available options relating to your specific circumstances.

There is no set definition of an international divorce. However, an international divorce is generally considered to involve situations where a couple (or one half of a couple) may live or have assets based overseas.

An international family lawyer can help you with a wide variety of family law issues, including:

• International wealth protection, including pre-nuptial or post-nuptial agreements.
• Expat divorce.
• International divorce.
• Enforcing overseas divorce settlements.
• Enforcement of divorce settlements obtained in England and Wales regarding overseas assets.
• Financial settlements involving overseas assets.
• Financial provision following an overseas divorce.
• Orders that mirror those already made abroad relating to children or finances.
• International children disputes, international surrogacy and child abduction.

There is no simple answer to this question, and it is recommended that you take advice in each country where you may be eligible to divorce.

There may be various factors that make it more advantageous for you to divorce in a particular jurisdiction.

The types of factor that you may wish to consider include:

• Where your assets (including pensions) are based.
• Practical considerations (such as whether you will be required to attend court).
• How the court will approach a financial settlement and what types of financial orders it is likely to make.
• How easy it is to enforce orders made by the court in a particular country.

You may be able to divorce or dissolve a civil partnership in England or Wales if either you or your spouse live abroad, provided that you satisfy at least one of the rules that enable proceedings to be started here.

The criteria are:

1. The separating couple are habitually resident in England and Wales.
2. The separating couple were last habitually resident in England and Wales and one of them continues to reside there.
3. The person responding to the divorce or dissolution petition is habitually resident in England and Wales.
4. The person starting the divorce or dissolution proceedings is habitually resident in England and Wales and has resided there for at least one year immediately before making the application.
5. One of the spouses or civil partners is domiciled in England and Wales.

Habitual residence and domicile are complex concepts. If you are unsure as to whether you meet the criteria to divorce in England and Wales, it is always important to take legal advice.

This is an application under Part III of the Matrimonial and Family Proceedings Act 1984 for financial provision following a divorce in a different jurisdiction.

Getting divorced as an expat doesn’t always take longer. However, if your spouse is based overseas, this can make the divorce more complicated.

It is for this reason that we recommend taking advice in each country in which you might be eligible to divorce, enabling you to weigh-up the pros and cons in your individual circumstances.

To make an application you must have been divorced overseas and that divorce must be recognised in England and Wales. You must also have a specific connection to this country. You will then require permission to make an application; and permission is only granted where the court considers there is a solid, or substantial ground for making an application. Specialist advice from an international family lawyer will be required as to whether it is appropriate for an application to be made.

There can be significant advantages for a couple to divorce in one country rather than another. This is because the legal and tax position differs internationally.

If a couple can’t agree on which country or jurisdiction is most suitable for their divorce and/or financial settlement to be determined, this may be an issue for the court as a ‘jurisdiction dispute’. This can result in the court ‘staying’ (freezing) proceedings in one country while the dispute is resolved.

For a divorce to take place in a specific country, the first consideration to make is whether the basic requirements are satisfied. Assuming that the couple met these criteria in more than one country, the court will then need to consider which is the most appropriate jurisdiction for a divorce.

The court will consider all circumstances of the case including nationalities, residences and asset locations. Using a principle known as forum non conveniens, the court will assess which country is most appropriate and convenient to hear the divorce.

The court will take into account the couple’s connections to England and Wales, the country where the marriage was dissolved or annulled or where they legally separated and any other countries. The court will also consider the following factors:

• To what extent an order made abroad has been complied with.
• Any benefit that the applicant, or a child of the family has received, or will receive, as a result of the divorce, annulment or separation.
• Whether there are any assets in England and Wales that could be given to the applicant
• Any right that the applicant has or had to make an application for financial relief abroad, and why no relief was sought if the applicant was eligible and chose not to apply
• The time that has lapsed since divorce, annulment or legal separation.
• The extent to which an order made is likely to be enforceable.

The court will need to carefully consider whether it is appropriate for an order to be made in this country. For most people who divorce abroad, they will have to recourse to the court in England and Wales. However, in some circumstances it is appropriate and just for the court to make an order.

The court has a wide jurisdiction as to the different types of financial relief that are available. The most common orders include transfer or sale of property, pension sharing, lump sum payment, interim orders (for legal fees or maintenance) and long-term maintenance in respect of a spouse or children.