The UK or Belgium: Where should I divorce?

The decision to divorce is challenging for many. For couples with international ties, the timing and location of the divorce are critical, as they can significantly influence the division of assets as well as child arrangements. 

In HNW and UHNW divorce cases, it is essential that financial settlement proceedings occur in the jurisdiction that most benefits your position. For financially weaker spouses, this jurisdiction is often England and Wales. 

Can I divorce in the UK if I live in Belgium?

Yes, individuals are able to instigate divorce proceedings in England and Wales even if they are not citizens and their marriage took place abroad. Your ability to apply for divorce in England and Wales is dependent on the habitual residence or domicile status of either you or your spouse. Jurisdiction depends on your legal connection to the UK, not where the marriage took place

The rules around jurisdiction in England and Wales are complex, so it’s crucial to seek specialist legal advice to determine the best possible route for your situation. 

What are the key differences between UK and Belgian divorce law?

Belgium, being at the heart of the European Union, is a party to all relevant European regulations.  

In Belgian divorce proceedings, the division of assets is subject to the matrimonial property regime of the parties. If there is a prenuptial agreement or marriage contract, this can be used to agree on a settlement. If not, the community of assets regime applies, which means that every asset earned during the marriage falls into the community of assets and is shared equally on divorce or death. Also in Belgian divorce, assets that belonged to one spouse before the marriage and those they receive from their families (such as gifts or inheritance) remain personal and do not form part of the community of assets. 

On the topic of spousal maintenance, generally, the courts in Belgium are not very generous. Amounts depend on the financial situation of the spouses, but courts very rarely award high amounts of post-divorce maintenance. The courts often consider that the applicant is able to earn a living and therefore do not award post-divorce maintenance. 

For these reasons, many prefer to divorce in the UK despite having close connections to Belgium.

If you have a connection with a different jurisdiction, whether it is Belgium or another country, 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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UK vs Belgium: Why is London the divorce capital of the world? 

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 50/50, treating the same the breadwinner and homemaker of the marriage.