The UK or Spain: Where should I divorce?

When multiple countries have jurisdiction over a divorce, the primary concern shifts from which country will grant the divorce to which country will determine the 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. 

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

HNW and UHNW Spanish 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.

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

Using the English legal system is often much quicker, and more effective than using another jurisdiction, such a Spain, for reasons that will be explored below. Although the divorce process is also relatively straightforward in Spain compared to some parts of the world, it is still notoriously bureaucratic.  

Spanish courts do not issue asset redistribution orders like English courts do. Additionally, the approach to financial disclosure in Spain is less stringent compared to England, where failing to provide full and frank disclosure can lead to serious consequences, including legal penalties such as fines and even imprisonment. Therefore, in cases with overseas assets and hidden wealth, it is much more likely that these will be rooted out in court in an English divorce than a Spanish one. 

Another difference between the jurisdictions is the existence of matrimonial property regimes. Some regions in Spain maintain a shared/community marriage regime. What this means is that assets acquired during the marriage are often split 50/50, but the assets acquired before the marriage are usually kept out of the matrimonial pot. In contrast, the English court has an almost unfettered freedom to redistribute the assets of the parties as it sees fit and fair, regardless of the source or ownership of the assets. 

The treatment of personal and marital property can vary greatly between the two systems, so it is essential to assess which jurisdiction offers the most favourable financial outcome to your situation. 

If you have a connection with a different jurisdiction, whether it is Spain 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 Spain divorce: 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. This is because courts in England and Wales typically aim for equitable division of assets, considering factors such as each spouse’s financial contribution, needs and future earning potential as well as non-financial contributions. 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.