Expat Divorce Solicitors
If you are living abroad or have recently returned to the UK, you can often still divorce in England and Wales. The right answer depends on where you and your spouse are based, your nationalities, and where your assets and children are. Acting early and getting specialist advice on jurisdiction usually makes a significant difference to the final outcome.
Expat divorces are a core part of our work. Our managing director, James Maguire, is a Fellow of the International Academy of Family Lawyers (IAFL) and regularly acts for British nationals living overseas and foreign nationals living in the UK. For full credentials and embassy panel appointments, see our international family law hub.
Please note: Maguire Family Law is a private family law firm and does not offer legal aid funding. If you need legal aid, the Civil Legal Advice helpline (0345 345 4345) can help you find a suitable solicitor.
Expat Divorce
What does an expat divorce involve?
If you are living abroad or have recently returned to the UK, you can often still divorce in England and Wales. The right approach depends on where you and your spouse are based, your nationalities, and where your assets and children are. Acting early and getting specialist advice on jurisdiction usually makes a significant difference to the outcome.
We regularly help expats with:
- Whether you can divorce in England and Wales while living overseas
- Jurisdiction and the timing of where to file
- Domicile and habitual residence
- Recognition of an overseas marriage
- Finances and pensions spread across more than one country
- Children, contact, and relocation across borders
When you might need an expat divorce solicitor
Most of our expat clients come to us in one of these living situations:
- You are a British national living abroad. You want to know if you can still divorce in England, or whether you have to use the courts where you currently live.
- You are a foreign national living in the UK. You want clear advice on whether to divorce here or in your home country, and how each option affects finances and children.
- You and your spouse are both expats in a third country. You may have a choice between three jurisdictions: where you live, where you are from, and England.
- You have just returned to the UK after years overseas. You want to know how long you need to be back before you can issue divorce proceedings in England and Wales.
- You were married abroad. You need to confirm your overseas marriage is recognised in England and Wales before you can rely on it for divorce here.
If your situation does not match these examples, that is normal. Expat cases are often one of a kind. Get in touch with us, and we will discuss what applies to your circumstances.
Can I divorce in England if I live abroad?
In many cases, yes. The English courts can deal with a divorce if you or your spouse meet certain tests around domicile or habitual residence. The exact rules depend on your nationality, where you usually live, and your long-term intentions.
We advise on:
- Jurisdiction: choosing the right country to file in, and acting quickly when timing is critical.
- Domicile and habitual residence: the legal tests that determine where you can divorce.
- Timing and the “race to issue”: in cases where two countries could deal with the divorce, timing can be critical. The English courts will look at which country is the most appropriate forum, and delay can severely prejudice your position if proceedings advance elsewhere first.
- British expats returning to the UK: practical guidance on residence requirements before you can issue here.
How does divorce work in England and Wales?
Since 6 April 2022, England and Wales have had a no-fault divorce system. You no longer need to give a reason or blame your spouse. The process is more dignified and less confrontational.
In outline:
- One or both spouses apply. You can apply on your own (a sole application) or together (a joint application).
- A 20-week reflection period applies. This runs from the date the court issues the application to the conditional order.
- The conditional order is granted. This confirms the court is satisfied you are entitled to divorce.
- A further 6-week wait, then the final order. This legally ends the marriage.
Finances and arrangements for children are dealt with separately, and ideally finalised before the final order is granted. For more detail, see our guide to no-fault divorce.
Was your overseas marriage valid in England and Wales?
If you married abroad, the English courts will usually recognise the marriage as valid if it was:
- Legally valid in the country where it took place. The local rules on form and ceremony were followed.
- Permitted under the rules of each spouse’s home country. Both parties had the legal capacity to marry.
- Free of any bar under English law. For example, neither party was already married to someone else.
If you are unsure, bring your marriage certificate (with a certified translation if needed) to your first meeting, and we will advise on recognition.
Take the first step to a new chapter
Call or email us today for an initial no obligation consultation.
Finances in an expat divorce
Finances are often the most demanding part of an expat case. The points that come up most often for our expat clients are:
- Tax exposure in more than one country. Capital gains, residence-based tax, and timing of disposals can change the real value of a settlement.
- Currency and exchange-rate risk. Assets, income, and any maintenance payments may sit in different currencies.
- Pensions held overseas. Foreign schemes are not always straightforward to value or share under an English order.
- Part III claims after an overseas divorce. If you divorced abroad and received little or no financial provision, you may still be able to apply to the English courts under Part III of the Matrimonial and Family Proceedings Act 1984.
For the wider picture of international financial work (settlements, prenups, enforcement), see the international family law hub. For the English approach to division of assets generally, see finances on divorce.
Children and expat divorce
For expat families, the practical issues that come up most often are:
- One parent lives in a different country to the children. Contact has to work around school terms, time zones, and travel costs.
- One parent wants to move with the children. A relocation application may be needed, whether you are the parent seeking to move or the one opposing it.
- A child has already been taken or kept abroad without consent. This is urgent and may be a Hague Convention case.
For the full treatment of relocation, abduction, and cross-border contact, see the international family law hub.
What to look for in an expat divorce solicitor
If you are living overseas or moving between countries, look for a firm that can:
- Run your case across time zones. Most of your contact will be by email and video call. Your solicitor should be set up for secure document sharing and responsive on your working day, not just theirs.
- Bring in a lawyer in your other country when needed. Membership of a recognised international network like the IAFL means coordinated advice in both jurisdictions, not just one.
- Move quickly on jurisdiction. If there is any risk of your spouse filing abroad first, your solicitor should be able to file in England within days, not weeks.
- Handle documents from another country. Foreign marriage certificates, translations, apostilles, and notarisations should be routine work, not unfamiliar territory.
- Be upfront about cost. You should leave the first conversation with a clear sense of the work involved and the likely range of fees.
Maguire Family Law is built for this kind of case. James Maguire is a Fellow of the IAFL, sits on consular and FCDO panels, and has spent more than 30 years running expat and cross-border matters. For the full credentials, see our international family law hub.
Contact us
If you are an expat facing divorce, or a foreign national in the UK weighing up where to proceed, we are here to help. Call us at 01625 544 650 or fill out our contact form to set up your first consultation.
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Our specialist solicitors
Speak to one of our international family law solicitors
If you are facing a family law issue that involves more than one country, we are here to help. Call us at 01625 544 650 or fill out our contact form to set up your first consultation.
