Modern life means couples often live, work or travel in different countries – sometimes even after separating. If you and your spouse are based in different parts of the world, you may be wondering: can we still get divorced?
The answer is yes – but where and how you divorce can make a big difference to the outcome.
In this guide, we explore whether you can divorce while living in separate countries, how international divorce law works and what you need to consider if your case spans more than one jurisdiction. You’ll also find out how to arrange a free 30-minute consultation with a family law solicitor for tailored support.
Can you divorce if you live in different countries?
Yes. You don’t need to live in the same country as your spouse to start divorce proceedings – but you do need to meet certain legal criteria in the country where you’re applying.
In England and Wales, you can apply for divorce if:
- You or your spouse are habitually resident (i.e. live permanently or long-term) in England or Wales or
- You or your spouse are domiciled here (usually your permanent home or place of origin) or
- You last lived together in England or Wales
If you meet one of these conditions, you can apply for a divorce through the courts in England and Wales – even if your spouse now lives abroad.
How do UK courts handle overseas spouses?
If your spouse lives in a different country, you can still serve them with divorce papers – but the process may involve extra steps:
- The documents may need to be translated into the language of the country they live in
- You may need to follow that country’s formal service rules for legal documents
- The court may allow alternative service (e.g. by email or post) if direct service is difficult
A divorce solicitor can help you ensure the paperwork is handled correctly and minimise delays.
What happens if both countries are eligible?
In some international divorces, both parties could file for divorce in different countries. This is known as a jurisdiction race and it matters because:
- The country where proceedings begin first usually gets priority
- Different countries treat property, pensions, spousal maintenance and prenuptial agreements differently
- Where the divorce is handled can affect the financial settlement and custody arrangements
If you believe your spouse may try to file for divorce in a different country first, it’s vital to speak to a family law solicitor immediately to protect your position.
What about Scotland and Northern Ireland?
Scotland and Northern Ireland have their own legal systems separate from England and Wales. If you and your spouse are in different parts of the UK, where the divorce is handled can still affect:
- Financial settlements
- How assets are divided
- Court procedures and timelines
The eligibility rules are similar but advice from a solicitor in the relevant jurisdiction is essential.
What happens to international assets?
If you or your spouse own property or assets in different countries, these may still be considered in your divorce settlement – even if they are located outside the UK. The English courts can:
- Include overseas assets in the financial settlement
- Make orders about foreign pensions or property
- Request disclosure of international income or investments
However, enforcing UK court orders abroad can be more complex. In some cases, the foreign court may not recognise a UK decision. A solicitor can advise you on what’s realistically enforceable across borders.
What about children and international custody issues?
If you and your spouse live in different countries and children are involved, the divorce process may need to address international child custody or relocation.
Key issues include:
- Where the children will live
- Whether one parent can move them to another country
- Travel arrangements and contact for the non-resident parent
UK courts prioritise the child’s welfare and often work under international agreements (such as the Hague Convention) to protect children from being wrongfully removed from their country of residence.
If a parent wants to move abroad with the child, they must usually apply to the court for permission.
Can divorce proceedings take longer across countries?
They can. International divorces often involve more paperwork, multiple legal systems and added delays around service or enforcement. However, working with an experienced solicitor can help you avoid unnecessary setbacks and ensure the process runs as smoothly as possible.
When should you get legal advice?
If you and your spouse live in different countries, you should speak to a solicitor if:
- You’re unsure where to file for divorce
- You have property, pensions or income in different countries
- You suspect your spouse may file abroad to gain a financial advantage
- You want to move back to or from the UK with children
- You need help enforcing a court order across borders
International family law is complex and early advice can help you make informed decisions and avoid costly mistakes.
Get legal advice tailored to international cases
Living in different countries doesn’t mean you can’t get divorced – but it does mean you need the right guidance. Whether you’re looking to protect your finances, make child arrangements or understand your rights in multiple jurisdictions, our experienced team of local family law and divorce solicitors can help.
Book your free 30-minute consultation with a divorce solicitor today. Fill in the form below, call 0203 983 5080 or email [email protected]. We offer appointments via video call or in person at our offices in London (Harrow, Canary Wharf or Piccadilly Circus) or Manchester City Centre.
