Can I Divorce in England if I Live in Another Country?

We often get asked whether one person can apply for a divorce in England if they live in another country. The answer: maybe!

What if you got married outside of England but live there now? The answer: again, maybe!

A court will need jurisdiction to hear cases and make decisions. It is a complex area of family law, and often, there are a number of complicating factors involved. However, jurisdiction can have a significant impact on the outcome of a case, and it is vital to understand all your options before issuing proceedings in any particular country.

Why jurisdiction is a growing issue for international families

As the dynamics of the working world and family life changes, we are seeing more and more people living or working abroad, having dual citizenship, or have relocated to a different country to the one they were born in for work or family purposes. Issues of jurisdiction are therefore becoming more and more common. 

Why acting quickly matters

In cases where there are competing jurisdictions, it is vital that individuals obtain legal advice in all relevant countries to see what the likely outcome would be. They can then determine which jurisdiction would be more advantageous for them and issue proceedings within that country to try and seize jurisdiction as soon as possible. 

If the other party issues proceedings first in a different country (and if they seize jurisdiction), then you may be stuck with those proceedings and unable to proceed in another jurisdiction. This area is complex, and depending on the countries involved,  sometimes there can be a Court case dealing with which country the case should proceed in before the main case dealing with divorce/finances can then proceed. As such, it’s essential to obtain legal advice and act quickly. 

What happens when there is a dispute?

As above, in cases where couples issue proceedings in multiple jurisdictions, there may be a dispute as to which country does have jurisdiction to hear the case. In those cases, the courts of England and Wales would stay (put a hold on) the proceedings and look to determine the issue of jurisdiction first. To do this, they would look at a number of things such as where the parties are based, where are the assets located, are there any language barriers etc. The English Court will then decide whether it has jurisdiction to hear the case. 

The legal grounds for jurisdiction in England and Wales

If an individual wants to claim jurisdiction in England and Wales, then they must satisfy one of the following grounds:

• both parties to the marriage are habitually resident in England and Wales
• both parties to the marriage were last habitually resident in England and Wales and one of them continues to reside there 
• the respondent is habitually resident in England and Wales
• if the parties are jointly applying for the divorce, then either of the parties to the marriage is habitually resident in England and Wales
• the applicant is habitually resident in England and Wales and has resided there for at least one year immediately before the application was made
• the applicant is domiciled and habitually resident in England and Wales and has resided there for at least six months immediately before the application was made
• both parties to the marriage are domiciled in England and Wales, or
• either of the parties to the marriage is domiciled in England and Wales

Key terms explained

Habitual residence is where a person’s life is based, i.e. where they are living/working and spending their day-to-day life. It is described as a ‘persons centre of interests’ and is objective. 

A person’s domicile is more difficult to shake. It is usually your country of birth (and can depend on your parents’ domicile), but this can change over time, for example, where someone has permanently relocated to a new country, has lived there for a long time, and considers that place their home.  

In addition to the above criteria, the court also has to consider whether or not proceedings have already been issued in another country. 

Get expert advice

Even from this short blog, it is clear to see there are lots of things to consider and this highlights the importance of obtaining specialist legal advice, so people are fully informed and advised as to the options, pros/cons and consequences before making decisions as to how they wish to proceed. Maguire Family Law specialises in international family law, and we are experts in dealing with complex jurisdictional issues. Our expert team can help if advice is needed in this area of law.