Ex-Pat, Overseas and International Divorce

Getting divorced can be less straightforward if there is an international element involved. But the right advice from an expert solicitor will help your divorce go as smoothly as possible.

There are two key questions you should consider when filing for an international divorce.

1. Can you divorce in England and Wales?

Whether or not you can divorce in England and Wales depends on your domicile or habitual residence.  These are complex legal concepts which are determined by factual issues. You can have a domicile of origin (where you were born), a domicile of choice (where you decide to live) or a domicile of dependency (if a child).You can only have one domicile at a time. Your habitual residence is where you live with a settled purpose or intention to remain.

You can only divorce in England and Wales if:

  • You are both habitually resident in England and Wales.
  • You were both habitually resident in England and Wales and one of you still lives here.
  • The person responding to the divorce is habitually resident in England and Wales.
  • The person applying for the divorce is habitually resident in England and Wales and has been living in England and/or Wales for more than a year.
  • The person applying for the divorce is domiciled in England or Wales and has been living here for 6 months.
  • You are both domiciled in England or Wales.
  • If no other EU contracting state has jurisdiction to divorce you.

2. Is it advantageous for reasons relating to money, property or children to divorce in England and Wales or are issues better resolved in another country?

Many countries deal with division of property and assets, concepts of maintenance and pension issues differently and these issues can be complex. You may need legal advice overseas to compare and contrast the implications of divorce in different countries.

Talk to us

We understand that those living overseas and away from their family can often feel isolated at a time of divorce and not know where to turn for legal advice they can trust. We are a team of experienced family solicitors who regularly deal with cases with an international element involving children, money, foreign assets and enforcement issues. 

We can communicate in person, by phone or online so give us a call on 0113 201 4904 or fill out our online enquiry form for a free initial chat.

If you want to get started today, you can start by completing our Application for Divorce form.

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