Divorce can be difficult at the best of times – but when there’s an international element involved, it becomes even more complex. If you or your spouse live abroad, hold dual citizenship or have assets in more than one country, you’ll need the support of an experienced international divorce solicitor.
In this article, we’ll explore how international divorce solicitors handle cross-border cases, what legal challenges they resolve and how they help clients navigate complicated family matters across different legal systems. You’ll also have the opportunity to arrange a free 30-minute consultation for advice on the next steps.
What is a cross-border divorce?
A cross-border or international divorce refers to any divorce where more than one country is involved. This could mean:
- One spouse lives in the UK, while the other lives abroad
- The couple got married in a different country
- The spouses are of different nationalities
- There are marital assets (such as property or bank accounts) located overseas
- Children from the marriage live in or hold citizenship in multiple countries
These cases require expert legal handling to ensure the divorce is recognised in each relevant country and that financial settlements or child arrangements are legally enforceable across borders.
What makes international divorces more complicated?
Cross-border divorces involve extra legal layers and practical hurdles. Common issues include:
- Jurisdiction disputes over which country’s court should handle the case
- Conflicts between different countries’ divorce and family laws
- Serving legal documents internationally
- Enforcing financial or custody orders abroad
- Ensuring recognition of a foreign divorce decree
These aren’t just technicalities – they can significantly impact your financial future, your ability to remarry or your relationship with your children.
The role of an international divorce solicitor
International divorce solicitors are specialists who deal with these issues every day. Our role is to guide you through the legal process and help you secure a fair and enforceable outcome, whether you’re based in the UK or overseas.
Here’s how they do it.
1. Determining the correct jurisdiction
The first step in any international divorce is identifying where you are legally allowed – and best advised – to file for divorce. This is known as jurisdiction.
An international divorce solicitor will assess your and your spouse’s connections to different countries, such as:
- Habitual residence (where you live and work)
- Nationality and citizenship
- Domicile (where you consider your permanent home)
In some cases, more than one country may have jurisdiction. Your solicitor will advise on the best place to start proceedings – based on factors like asset division laws, custody rules and the likelihood of enforcing the outcome.
2. Issuing proceedings quickly
In cases where both spouses could file in different countries, speed matters. Most countries follow a “first come, first served” rule – meaning the country where proceedings are first properly filed will take priority.
International divorce solicitors ensure that paperwork is prepared and submitted efficiently to secure jurisdiction in your chosen country before the other party can issue proceedings elsewhere.
3. Coordinating with foreign lawyers
No single solicitor can represent you in every country – but experienced international divorce solicitors will often work with a network of legal professionals abroad.
If your case involves property in another country, overseas bank accounts or custody disputes with a non-UK resident parent, your solicitor may coordinate with local lawyers to:
- Serve court papers in accordance with that country’s laws
- Secure evidence of asset ownership or income
- Enforce UK court orders in another legal system
- Obtain translations of important documents
This collaboration ensures your legal interests are protected across borders.
4. Handling international service of documents
Serving divorce papers to someone in another country must follow strict legal protocols. These vary depending on:
- Whether the country is a member of the Hague Service Convention
- The country’s own civil procedure rules
- Whether your spouse can be located at a known address
A solicitor will take care of the legal service process to avoid delays, invalid service or a later challenge to the divorce.
5. Managing international financial settlements
Dividing marital assets is rarely simple – and when those assets are in different countries, it becomes even trickier.
International divorce solicitors help:
- Identify and value overseas assets such as property, pensions or investments
- Prevent one spouse from hiding or moving assets abroad
- Apply for freezing orders if necessary
- Structure financial settlements in a way that can be enforced internationally
They will also advise on tax implications, property laws and currency issues when dealing with foreign jurisdictions.
6. Advising on child arrangements across borders
If children are involved, your solicitor will help you:
- Apply for child arrangement orders
- Prevent unauthorised relocation of children abroad
- Navigate international custody disputes
- Work within international conventions (such as the Hague Convention on child abduction)
International divorce solicitors take special care to ensure that child arrangements are both in the child’s best interests and legally sound in each country involved.
When should you contact an international divorce solicitor?
If any of the following apply, it’s time to speak with a solicitor:
- You or your spouse live in different countries
- You are worried your spouse may file abroad
- You married outside the UK
- You own property, pensions or businesses overseas
- Your children live abroad or have dual nationality
- You are concerned about enforcing a court order in another country
The earlier you seek advice, the more options you’ll have to secure a favourable outcome.
Speak to an expert in cross-border divorce
At Osbourne Pinner Solicitors, we specialise in international family law and cross-border divorce. We’ve helped clients across the UK and around the world navigate complicated international separations, protect their finances and maintain strong relationships with their children.
For each and every client, we think it’s important to start with a free 30-minute consultation. You arrange a video call or come for a quick session at our offices in Harrow, Canary Wharf, Piccadilly Circus or Manchester City Centre if you’re based in the UK.
This gives you the opportunity to ask any questions, get initial advice on the next steps and decide if we’re the right fit for your case. Ready to get started? Arrange your free consultation by calling 0203 983 5080, emailing [email protected] or using our contact form below.
