With more people than ever living, working and marrying across borders, international relationships are now commonplace. But when a marriage breaks down, the legal side of things can get complicated – especially if one spouse is from another country. If you’re married to someone who isn’t a UK national, you may be wondering – can you divorce a foreign national in the UK?
The short answer is yes – you can divorce a foreign national in the UK, provided certain legal conditions are met. In this article, we’ll explain what those conditions are, how jurisdiction is established, what issues you might face and how to ensure your divorce is recognised and enforceable both here and abroad – plus how you can get a 30-minute free consultation with a local divorce solicitor.
Jurisdiction: who can apply for divorce in the UK?
Divorce in England and Wales is governed by rules around jurisdiction, not nationality. That means you don’t need to be a British citizen to file for divorce in the UK – and neither does your spouse.
Instead, the key factor is habitual residence or domicile. You may apply for divorce in England or Wales if:
- You and your spouse both live in England or Wales
- You are habitually resident here (your main home is in the UK)
- Your spouse is habitually resident here
- You are domiciled here and have been living here for at least 12 months
- You or your spouse consider England or Wales your permanent home (domicile)
As long as at least one of these conditions is met, the UK courts will usually accept your divorce application – regardless of your or your spouse’s nationality.
Do both parties need to live in the UK?
No – both parties do not need to live in the UK for a divorce to go ahead here. If only one of you is living in the UK, that may still be enough to establish jurisdiction. In particular, the applicant (the person applying for divorce) must have a sufficient connection to the UK.
However if your spouse is living abroad, you must take extra care to serve the divorce papers properly, ensuring they are informed of the proceedings in accordance with international rules. This is often where complications arise, especially if the other country has specific procedures for service or if your spouse is uncooperative.
Can you get a divorce if you married abroad?
Yes – you can divorce in the UK even if your wedding took place in another country, as long as your marriage is legally recognised under UK law. That typically means:
- Your marriage followed the legal formalities in the country where it took place
- You can provide a valid marriage certificate (and translation if necessary)
As long as the marriage is considered valid, it doesn’t matter where the ceremony was held. You can still apply for divorce through the courts in England and Wales.
Related: Is a Nikah Ceremony Legally Recognised as Marriage in the UK?
What if your spouse doesn’t agree or won’t respond?
Since the introduction of no-fault divorce in April 2022, one spouse can apply for divorce without needing to prove blame or wrongdoing. This makes the process much simpler – even if your spouse disagrees or refuses to cooperate.
If your spouse lives overseas and doesn’t respond, you can apply to the court to proceed without their consent, provided you can prove they were properly served. If they can’t be located, there are legal avenues to continue, including applications for deemed or substituted service.
Will your divorce be recognised in your spouse’s country?
Not necessarily – and this is where international divorces can become complex. Each country has its own rules about recognising foreign divorces. Some will accept a UK divorce decree without issue, while others may require further steps, such as legalisation, translation or a local court order.
If your spouse is from a country that doesn’t automatically recognise UK divorces, this could create complications around:
- Remarrying abroad
- Dividing overseas assets
- Enforcing financial settlements
- Arrangements for children living abroad
It’s always wise to take specialist legal advice on how your UK divorce might be viewed or enforced internationally – especially if there are shared properties, savings or pensions in your spouse’s country.
What about financial settlements and property abroad?
UK courts have broad powers to make financial orders – including maintenance, pension sharing and division of assets – even if some of the assets are located overseas.
However, enforcing those orders abroad can be difficult if the country in question does not recognise or uphold UK court decisions. In some cases, you may need to start separate proceedings in that country to enforce the terms of your settlement.
This is why it’s so important to plan ahead, disclose all assets clearly and ensure your divorce solicitors understand the full international scope of your situation.
What if your spouse doesn’t speak English?
If your spouse is a foreign national and doesn’t speak English fluently, you are still required to serve the divorce papers in a way they can understand. This usually means:
- Translating the documents into their native language
- Providing sufficient time for them to respond
- Ensuring any court hearings they participate in are accessible
Failure to do so could cause delays or even invalidate the process. A divorce and family law solicitor can guide you through the correct approach to service and communication across borders.
Why choose to divorce in the UK?
Even if you have the option to divorce in more than one country, there may be advantages to choosing the UK – particularly if:
- You live in England or Wales
- You’re likely to receive a more favourable financial settlement here
- You want a no-fault divorce with minimal conflict
- You want strong legal protections around children and assets
UK courts are known for offering fair and equitable outcomes, especially in complex or high-net-worth divorce cases. However, every international divorce is different so it’s crucial to get tailored advice based on your specific situation.
Speak to an expert about divorcing a foreign national
If you’re married to someone from another country and considering divorce, Osbourne Pinner Solicitors can help. Our experienced team in London specialises in international divorce and family law, offering clear, practical advice tailored to your unique circumstances.
We’ll help you:
- Confirm whether you can file for divorce in the UK
- Serve papers correctly and manage international communication
- Secure a fair financial settlement
- Protect your rights across borders
We offer a free 30-minute consultation via video call or at one of our offices. You can find us in Harrow, Canary Wharf, Piccadilly Circus or Manchester City Centre. To get started, call 0203 983 5080, email [email protected] or use the enquiry form below.
