Can I divorce in England if I got married abroad? ================================================= Can i file for divorce in england if i married abroad? ------------------------------------------------------ It is possible to commence divorce proceedings in England even if you were married abroad. Where the marriage took place is, in fact, somewhat immaterial, as an [overseas marriage will be recognised](https://vardags.com/law-guide/legal-marriage-requirements/overseas-marriages) in England and Wales provided that it is valid in the country where the marriage took place. Therefore, whether you can file for divorce in England and Wales will typically rely on the jurisdictional requirements being met. **If you're considering or going through a divorce, click below for a free initial consultation with one of our expert divorce solicitors.** [BOOK FREE CONSULTATION](https://vardags.com/contact "BOOK FREE CONSULTATION") Requirements to divorce in england & wales ---------------------------------------------- Whether you can file a divorce petition in England depends upon whether certain [jurisdictional criteria](https://vardags.com/law-guide/claiming-jurisdiction/establishing-jurisdiction-grounds-divorce) are met. The English court has jurisdiction to hear a divorce if, when the divorce petition is issued by the applicant (the person applying for a divorce), any of the following applies: > 1. Both parties to the marriage are habitually resident in England and Wales; > 2. The parties were last habitually resident in England and Wales, and one of them still resides there; > 3. The respondent is habitually resident in England and Wales; > 4. The applicant is habitually resident in England and Wales, provided they have resided there for at least one year before applying for a divorce; > 5. The applicant is habitually resident in England and Wales, provided they have resided there for at least six months before applying for a divorce and are domiciled in England and Wales; > 6. Both parties are domiciled in England and Wales; or > 7. If no EU member state has jurisdiction in accordance with the above, provided that one party is domiciled in England and Wales. Domicile and habitual residence are complex legal concepts. The circumstances in which they apply, and how they apply, depends upon the specific facts of each case. The jurisdiction where you file for divorce can have a significant impact on your financial settlement. Therefore, assessing which jurisdiction is most favourable to initiate divorce proceedings is a crucial decision for many international individuals. Making this decision in a timely manner is key, and Vardags' experienced family lawyers will provide the support and advice required at each stage of this process, no matter where your marriage took place. Our longstanding network of specialist family lawyers abroad can also prove invaluable, particularly when there are time pressures involved. Vardags advise on all issues arising from the breakdown of relationships for parties who were married abroad, dealing with disputes which have complex jurisdictional and offshore elements to them. Indeed, our lawyers deal on a day to day basis with high value jurisdiction disputes, and work on cases involving numerous European jurisdictions, but also those outside of Europe and further afield. Why is the uk known as the 'divorce capital of the world'? ---------------------------------------------------------- Vardags' team of [top international divorce lawyers](https://vardags.com/locations-we-serve/international-divorce-lawyers) delivers a bespoke legal service to HNW and UHNW individuals, their families, and businesses. About Us -------- Ayesha VardagFounder & President "A DIVORCE LAWYER WIDELY REGARDED AS ONE OF THE WORLD'S BEST" The Metro Vardags offer a unique approach to the law, specially tailored to the needs of HNW individuals. We offer City-quality representation for your divorce and family law needs. Our lawyers come from the very best universities and receive the very best training - they are determined, diligent, and dedicated to getting the best outcome... [read more](https://vardags.com/about-us) [BOOK FREE CONSULTATION](https://vardags.com/contact) OUR FOREIGN DESKS ----------------- Our foreign desks are comprised of top multi-lingual lawyers, with a network of international contacts. [Australia Desk](https://vardags.com/international/australia "Australia Desk") [Bahrain Desk](https://vardags.com/international/bahrain "Bahrain Desk") [BVI Desk](https://vardags.com/international/bvi "BVI Desk") [Belgium Desk](https://vardags.com/international/belgium "Belgium Desk") [Bermuda Desk](https://vardags.com/international/bermuda "Bermuda Desk") [Canada Desk](https://vardags.com/international/canada "Canada Desk") [Cayman Islands Desk](https://vardags.com/international/cayman-islands "Cayman Islands Desk") [China Desk](https://vardags.com/international/china "China Desk") [Dubai (UAE) Desk](https://vardags.com/international/dubai "Dubai (UAE) Desk") [France Desk](https://vardags.com/international/france "France Desk") [Germany Desk](https://vardags.com/international/germany "Germany Desk") [Gibraltar Desk](https://vardags.com/international/gibraltar "Gibraltar Desk") [Greece Desk](https://vardags.com/international/greece "Greece Desk") [Guernsey Desk](https://vardags.com/international/guernsey "Guernsey Desk") [Hong Kong Desk](https://vardags.com/international/hong-kong "Hong Kong Desk") [India Desk](https://vardags.com/international/india "India Desk") [Italy Desk](https://vardags.com/international/italy "Italy Desk") [Jersey Desk](https://vardags.com/international/jersey "Jersey Desk") [Kuwait Desk](https://vardags.com/international/kuwait "Kuwait Desk") [Republic of Ireland Desk](https://vardags.com/international/republic-of-ireland "Republic of Ireland Desk") [Liechtenstein Desk](https://vardags.com/international/liechtenstein "Liechtenstein Desk") [Luxembourg Desk](https://vardags.com/international/luxembourg "Luxembourg Desk") [Malaysia Desk](https://vardags.com/international/malaysia "Malaysia Desk") [Malta Desk](https://vardags.com/international/malta "Malta Desk") [Mauritius Desk](https://vardags.com/international/mauritius "Mauritius Desk") [Monaco Desk](https://vardags.com/international/monaco "Monaco Desk") [Netherlands Desk](https://vardags.com/international/netherlands "Netherlands Desk") [New Zealand Desk](https://vardags.com/international/new-zealand "New Zealand Desk") [Oman Desk](https://vardags.com/international/oman "Oman Desk") [Russia Desk](https://vardags.com/international/russia "Russia Desk") [United States of America Desk](https://vardags.com/international/united-states-america "United States of America Desk") [Portugal Desk](https://vardags.com/international/portugal "Portugal Desk") [Poland Desk](https://vardags.com/international/poland "Poland Desk") [Qatar Desk](https://vardags.com/international/qatar "Qatar Desk") [Saudi Arabia Desk](https://vardags.com/international/saudi-arabia "Saudi Arabia Desk") [Scotland Desk](https://vardags.com/international/scotland "Scotland Desk") [Singapore Desk](https://vardags.com/international/singapore "Singapore Desk") [South Africa Desk](https://vardags.com/international/south-africa "South Africa Desk") [Spain Desk](https://vardags.com/international/spain "Spain Desk") [Switzerland Desk](https://vardags.com/international/switzerland "Switzerland Desk") Related Guides -------------- [Divorcing a foreign spouse in the UK](https://vardags.com/law-guide/claiming-jurisdiction/divorcing-foreign-spouse "Divorcing a foreign spouse in the UK") [Establishing jurisdiction & UK grounds for divorce](https://vardags.com/law-guide/claiming-jurisdiction/establishing-jurisdiction-grounds-divorce "Establishing jurisdiction & UK grounds for divorce") [The Ultimate Guide to Jurisdiction in Divorce](https://vardags.com/law-guide/claiming-jurisdiction/jurisdiction-on-divorce "The Ultimate Guide to Jurisdiction in Divorce") Glossary Reference ------------------ ### Brussels II treaty A European Union regulation setting out the rules on jurisdiction applicable to member states in the European Union. ### Domicile (in divorce proceedings) A complex legal term. A person can only have one domicile. A person's domicile can be their 'domicile of origin' which they are born with or 'domicile of choice', the place they elect to reside. It is common for the domicile of choice to replace domicile of origin when a person moves to another country with the intention to settle there permamently. Domicile is an important factor in determining jurisdiction. ### Habitual residence in divorce cases The country where a person's "centre of interest" lies The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you. What our clients say -------------------- I feel they got the best outcome possible for me whilst supporting me through a challenging & difficult time in my life. I have no hesitation in recommending them. Amanda Allen Your care throughout was amazing. Christina Wolff Vardags is among the most effective, efficient, and successful group of solicitors I have encountered. Cliff Krause They have definitely lived up to their name of being a top divorce and family law firm. S. Gasparini The team who supported my case at Vardags over several months, led by Nikki Hale (Senior Associate), were outstanding. Nikki navigated me through unchartered territory with expert counsel. It was a blend of confidence, honesty... and objectivity with my best interests always in mind. Further to the professional qualities Nikki and her team possess, they were so personable and I felt they really appreciated and considered any emotional or sensitive matters. I have since recommended Niki and Vardags to friends which is the greatest compliment I can pay. Philip Rogers What should have been the worst year of my life was resurrected by this firm. The Manchester based team of Anne-Marie Bradley and Kate Taylor were exceptional. They treat you as a human being rather than a client. I can't thank... them enough for all their expertise, choice of barrister and expert witness. If I am ever unlucky enough to repeat this horrible episode, they will be my first port of call. Can't recommend these two enough. Mark Gallagher OUR LEADERSHIP TEAM ------------------- [### Ayesha Vardag](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag Founder & President Divorce & Family") [### Stephen Bence](https://vardags.com/solicitors/london/stephen-bence "Stephen Bence Vardags CEO") [### David Lister](https://vardags.com/solicitors/london/david-lister "David Lister") [Founder & President](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag Founder & President Divorce & Family") [Chief Executive Officer](https://vardags.com/solicitors/london/stephen-bence "Stephen Bence Vardags CEO") [Senior Partner and Head of London Family - Divorce & Family](https://vardags.com/solicitors/london/david-lister "David Lister") [### Ayesha Vardag Founder & President ](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag Founder & President Divorce & Family")"Ayesha Vardag - Britain's top divorce lawyer." The Telegraph [### Stephen Bence Chief Executive Officer](https://vardags.com/solicitors/london/stephen-bence "Stephen Bence Vardags CEO")"Dr Stephen Bence is a financial genius." Lewis Marks KC [### David Lister Senior Partner and Head of London Family - Divorce & Family ](https://vardags.com/solicitors/london/david-lister "David Lister")"Brilliant with a real spark which clients love" Legal 500 [Meet the rest of the team](https://vardags.com/team) [Vardags climbs ranks of UK's biggest firms in The Lawyer's UK 200](https://vardags.com/posts/vardags-london-climbs-ranks-of-uks-biggest-firms-in-the-lawyers-uk-200)