Divorcing a foreign spouse in the UK

If you are married to a foreign spouse, you may be wondering whether you could get divorced in England and Wales. 

Contrary to popular belief, your spouse’s nationality does not impact whether the court can deal with a divorce in England and Wales. Instead, the court will consider whether they have ‘jurisdiction’ to be dealing with a divorce. 

Jurisdiction can be obtained if one or both spouses are either habitually resident or domiciled in England and Wales. To establish habitual residence, you need to show that you have a right to reside in that country and intend to make it your home for the time being. Domicile, on the other hand, is a more permanent concept than residence. You will have a domicile of origin, which is usually the domicile of your father at the time of your birth, or the domicile of your mother if your parents were unmarried. To gain a new domicile, you have to show that you intend to live permanently in the new country, and you do not intend to return to live in your domicile of origin. 

Habitual residence and domicile are complex concepts, and if you’re unsure as to whether you meet the criteria to divorce in England and Wales, it is always important to take legal advice. Contact Vardags for a free initial consultation with one of our expert divorce solicitors. 

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Choosing a jurisdiction to get divorced in 

Each country has its own divorce laws, and the choice of forum can dramatically impact the length of your divorce, the assets that you will walk away with at the end of the divorce and decisions regarding arrangements for children. 

The media often reports London as the ‘divorce capital of the world’ following several significant financial settlements and in specific, settlements in in favour of the spouses who have chosen England and Wales to pursue their divorces in. In comparison to other jurisdictions, the English courts emphasise equality in financial settlements and start from a 50/50 division of assets, treating the same the breadwinner and homemaker of the marriage.  

You should seek specialist advice as soon as possible, if you think there may be a choice of jurisdiction in your case. We can advise on which jurisdiction would be more or less favourable to you.  

We have a wealth of experience in international cases and regularly work alongside lawyers in other countries to secure the best outcome for you and your family.    

Do I need to attend court? 

If it is possible for you to reach an agreement with your spouse about your finances, either directly or with the help of a solicitor and/or mediator, then it is likely that you will not need to attend court. However, if it is necessary for there to be a court case about your finances, then hearings will need to take place, and your attendance will be required. 

What about our children? 

If you can agree between you what the arrangements for the children should be, there is no requirement for any court order or formal document to be prepared. However, if there is a dispute between you about who the children should live with, the time they should spend with the other parent, or what country they should live in, then a court application may be necessary.