The UK or Germany: Where should I divorce?

Vardags is a leading international divorce law firm representing high net worth (HNW) and ultra-high net worth (UHNW) individuals with ties to both Germany and the United Kingdom. When multiple countries have jurisdiction over a divorce, the key question becomes: Which jurisdiction offers the most favourable financial settlement?

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. 

Divorce in Germany: Key legal features

Like in most European countries, the German court lacks the discretion the English court has in making awards. The court is subject to strict rules in what it can order on the division of marital assets, and will only: 

• Equalise pension entitlements; 

• Divide the gains accrued during the marriage equally between the parties. 

The court has no power to make transfers of real property (i.e. houses) and is only able to award maintenance for a limited time, and in circumstances where the weaker spouse will experience real hardship on the breakdown of the marriage, and where they have damaged their career by caring for children. The parent who cares for a child is expected, by law, to return to work when the child is three. 

Divorce in England and Wales

The English court therefore has much more wide-ranging powers to order ongoing maintenance, the division of non-matrimonial assets and the transfer of real property. For this reason, the media often reports London as the ‘divorce capital of the world’. The starting point of the English courts is to divide matrimonial assets equally and make an order which sufficiently meets each party’s needs, which can be interpreted widely. It is highly likely that England will be much more generous to the financially weaker party. 

If you have a connection with a different jurisdiction, whether it is Germany 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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As a German national, can I divorce in England and Wales? 

HNW and UHNW German nationals may be able to apply for divorce in England and Wales. This is dependent on the habitual residence or domicile status of either you or your spouse. But be aware – if one spouse perceives either of the two jurisdictions as being advantageous, there may be a race to get there first to ensure that the divorce is heard in one jurisdiction as opposed to the other one. 

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

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