Can I divorce in England if I got married abroad?

Can i file for divorce in england if i married abroad?

It is possible to commence divorce proceedings in England even if you were married abroad. Where the marriage took place is, in fact, somewhat immaterial, as an overseas marriage will be recognised in England and Wales provided that it is valid in the country where the marriage took place.

Therefore, whether you can file for divorce in England and Wales will typically rely on the jurisdictional requirements being met.

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Requirements to divorce in england & wales

Whether you can file a divorce petition in England depends upon whether certain jurisdictional criteria are met. The English court has jurisdiction to hear a divorce if, when the divorce petition is issued by the applicant (the person applying for a divorce), any of the following applies:

1. Both parties to the marriage are habitually resident in England and Wales;
2. The parties were last habitually resident in England and Wales, and one of them still resides there;
3. The respondent is habitually resident in England and Wales;
4. The applicant is habitually resident in England and Wales, provided they have resided there for at least one year before applying for a divorce;
5. The applicant is habitually resident in England and Wales, provided they have resided there for at least six months before applying for a divorce and are domiciled in England and Wales;
6. Both parties are domiciled in England and Wales; or
7. If no EU member state has jurisdiction in accordance with the above, provided that one party is domiciled in England and Wales.

Domicile and habitual residence are complex legal concepts. The circumstances in which they apply, and how they apply, depends upon the specific facts of each case.

The jurisdiction where you file for divorce can have a significant impact on your financial settlement. Therefore, assessing which jurisdiction is most favourable to initiate divorce proceedings is a crucial decision for many international individuals. 

Making this decision in a timely manner is key, and Vardags’ experienced family lawyers will provide the support and advice required at each stage of this process, no matter where your marriage took place. Our longstanding network of specialist family lawyers abroad can also prove invaluable, particularly when there are time pressures involved.

Vardags advise on all issues arising from the breakdown of relationships for parties who were married abroad, dealing with disputes which have complex jurisdictional and offshore elements to them. Indeed, our lawyers deal on a day to day basis with high value jurisdiction disputes, and work on cases involving numerous European jurisdictions, but also those outside of Europe and further afield.

Why is the uk known as the ‘divorce capital of the world’?

Vardags’ team of top international divorce lawyers delivers a bespoke legal service to HNW and UHNW individuals, their families, and businesses.