Where should I divorce?

In today’s modern world, many couples have connections to other countries, whether they live abroad temporarily or permanently, or hold foreign citizenship. It’s also common for spouses to live in different countries due to work or other commitments. This means they might be able to get divorced in more than one country, making the choice of where to proceed very important.  

In high-net-worth (HNW) divorce cases, it is impossible to underestimate the importance of ensuring the financial settlement proceedings are decided in the jurisdiction that most benefits your position. For financially weaker spouses, that jurisdiction is almost always England and Wales. 

When compared to other jurisdictions, judges in England and Wales are exceptionally generous to the financially weaker party in a divorce case. This primarily stems from the House of Lords landmark decision in White v White [2001] 1 AC 596, where the Court ruled that when considering the contributions made by each party to the marriage, the contributions made by the spouse who primarily cared for the home and children should be judged equally to those made by the spouse who went out to work.  

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. 

If you have a connection with a different jurisdiction, you should first establish whether you can get divorced in those jurisdictions and, if so, what the financial outcome may be compared to England and Wales. This information should be obtained without delay so that you preserve the option to issue proceedings in a country that is most favourable to you. Contact Vardags for a free initial consultation with one of our expert divorce solicitors. 

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