Does it matter which country I get divorced in?

Does jurisdiction matter?

Yes, it absolutely does matter which jurisdiction you get divorced in, particularly if you are a high-net-worth or ultra-high-net-worth individual.

Divorce law varies considerably from country to country, and this can have a huge bearing on the outcome of your divorce. Ensuring your divorce is heard in the right jurisdiction can significantly influence the financial and personal outcomes of the proceedings. 

Compared to other countries, the English courts have far more power to demand disclosure. They will make a wealthy party show the full extent of their assets, including business holdings, investments and trusts. The courts also have significant powers to enforce their orders, including freezing assets and, in the extreme cases, sending people to prison if they refuse to co-operate with the courts.

If you are considering or going through a divorce with an international element, click below for a free initial consultation with one of our expert divorce solicitors. 

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As well as having greater powers in relation to asset discovery, the English courts view marriage as a partnership. This means that they will not discriminate between the person who makes the money and the person who looks after the home and children when it comes to dividing assets. Generally, this leads to a more generous settlement for financially weaker parties. 

In addition to these advantages, the English courts are renowned for being transparent and free of corruption. If your spouse is politically powerful, your best chance of a fair hearing may well be in England. 

To have your case heard in the English courts, you will need to establish jurisdiction. Generally speaking, this will depend on where you have been living (“habitual residence”) or where you are domiciled (NB: this is not necessarily where you are domiciled for taxation purposes). Jurisdiction can be extremely complicated, and often time sensitive. If you are uncertain whether your divorce could be heard in the UK, it is important to take advice and to act quickly. 

The complexities of international divorce law, including the legal tests for domicile and habitual residence, underscore the need for specialist advice from experienced family lawyers.