International Divorce

Many separating couples have ties with other countries, whether by birth or due to spending all or much of their time living in a different country. In situations such as these, there are different issues to consider.

The division of financial assets in England and Wales can differ significantly to how they are split in other countries. In order to decide which country you would be best placed to commence divorce proceedings in, you should consider the way in which assets are potentially split, and also where those assets are located, for example any foreign property.

Child arrangements are primarily determined by the jurisdiction of the courts where the children are habitually resident. However, there could potentially be a ‘grey’ area depending upon the laws of a particular country or whether the child’s domicile is different to where they are currently residing and their circumstances at the time.

In order to commence legal divorce proceedings in England and Wales, there are certain criteria that must be met. These include:

• You and your former partner are both residents in England or Wales
• You live in England or Wales and have done so for a minimum of 12 months prior to commencing proceedings
• Either you or your former partner are legally domiciled in England or Wales. – You may still be currently living abroad however, your permanent residence must be in England or Wales
• Whilst this is the case, divorce proceedings will take place under the jurisdiction of the country where the divorce petition is issued

If you would like to know more, please get in touch with one of our expert family law team members today on 03333 058375, or email family@psg-law.co.uk

Power of Five

We work closely with our colleagues in Wealth Protection to ensure you receive the best possible advice and guidance across issues including estate planning, trusts, wills, international issues and more. Please get in touch with one of our expert family law team members today on 03333 058375, or email family@psg-law.co.uk

Read our Divorce and Family Law FAQs