International and cross-border divorce
Where more than one country could deal with your divorce, the choice of country can change the financial outcome more than any other decision in the case. It is frequently settled by whoever issues proceedings first.
Why the country matters so much
Countries approach divorce finances in fundamentally different ways.
The difference on the same facts can be very large indeed. This is not a technicality; it is frequently the case.
Whoever issues first often decides it
Where two countries could take jurisdiction, the practical result is often determined by where proceedings are started and when. Courts apply their own rules on whether to accept or decline jurisdiction, and those rules frequently give weight to which court was seised first.
The consequence is uncomfortable but real: if there is an international element, take advice before you tell your spouse what you intend to do. A conversation that seems reasonable and open can cost a great deal if the other side instructs first and issues in a jurisdiction that suits them.
That is not advice to behave badly. It is advice to know where you stand before you act.
What connects a divorce to England and Wales
Jurisdiction here generally depends on connections such as habitual residence and domicile — where you live, where you have lived, where your permanent home is regarded as being. Domicile in particular is a legal concept rather than an everyday one and can attach to someone who has not lived in the country for years.
Where a foreign divorce has already happened
If you have been divorced abroad and the financial provision was inadequate, it may still be possible to apply to the English court for financial relief afterwards. It requires permission and there are conditions, but it exists — and people frequently do not know it does.
This is a genuinely specialist area and the time to ask about it is early rather than after the foreign order has been implemented.
Assets in more than one country
Several practical problems, each of which is manageable if anticipated.
When the divorce is not only a divorce
What it costs
£400 per hour plus VAT, with a stage-by-stage estimate. Foreign lawyers’ fees are additional and agreed before instruction.
An early jurisdiction advice — which countries could take the case, what the likely difference in outcome is, and what to do now — is available as a fixed fee. Where there is an international element, it is the most valuable hour in the case and it is worth having before anything else happens.
Questions
Questions people ask us
Can I divorce in England if I live abroad?
Possibly. Jurisdiction depends on connections including habitual residence and domicile, and domicile can attach to someone who has not lived here for years. It is worth establishing rather than assuming either way.
Does it matter which country we divorce in?
Enormously. Different countries approach the finances in fundamentally different ways, and the same facts can produce very different outcomes. It is often the most consequential decision in the case.
My spouse has started proceedings abroad. What can I do?
Act immediately. Where two countries could take jurisdiction, the order and timing of proceedings often determines where the case is heard. Delay narrows the options quickly.
We divorced abroad and I received almost nothing. Is that the end?
Not necessarily. There is a route to apply to the English court for financial relief after a foreign divorce, subject to permission and conditions. Take advice early.
We signed a prenup in another country. Does it apply here?
Not automatically, and not necessarily irrelevant either. The English court will consider it, and how much weight it carries depends on how it was made and what it provides.
My spouse's visa depends on our marriage. What happens?
It has consequences for their status and possibly for settlement, and the timing of separation and proceedings matters. This needs family and immigration advice together — we give both.
Related
The hub
Also in this area
Also in this area
Start with a conversation
A free 20-minute call. Tell us what has happened and we will tell you whether we can help, what it would involve and roughly what it would cost.
No charge
A free 20-minute call
Tell us what has happened and we will tell you whether we can help, what it would involve and roughly what it would cost. No advice is given on this call and there is no charge for it.
£350 plus VAT
A paid strategy session
One hour with a partner, followed by a written summary of your position and options. For people who want proper advice without instructing a firm yet. Credited in full against your fees if you go on to instruct us.
Or reach us directly
We answer enquiries the same working day.