FAQ

Q:Can I petition for divorce in England and Wales if either of us lives abroad?

A:

A divorce Petition can be issued in England and Wales providing one of the following applies:

 

— the spouses are habitually resident in England and Wales; or

— the spouses were last habitually resident in England and Wales, insofar as one of them still resides here; or

— the Respondent is habitually resident in England and Wales; or

— the Petitioner is habitually resident in England and Wales and he or she has resided here for at least a year immediately before the Petition was issued; or

— the Petitioner is habitually resident in England and Wales and he or she resided here for at least six months immediately before the Petition was issued and has his or her ‘domicile’ here; or

— the spouses are domiciled to England and Wales.

Habitual residence and domicile are legal terms.  In more general terms habitual residence is where a person lives and a person is domiciled where they were born. However, domiciles can change over time.  

 

It is always advisable to take legal advice on this area as it is complex.

Vardags is a top family law firm that specialises in complex cases often involving an international element. If you cannot find answers to your questions here, please consult our ‘family law guide‘ for further information, call us on 0207 717 9979  or email