Divorcing a partner is rarely straightforward. But when your spouse has left the country – whether recently or years ago – it can bring a whole new set of complications. You may not know where they are, whether they’ll respond or how to even begin the legal process.
The good news is, it is entirely possible to divorce someone who has moved abroad. However, you’ll need to follow certain legal steps to ensure your divorce is valid and enforceable.
In this guide, we’ll walk you through what to do if your spouse has left the UK, how to serve divorce papers internationally and what to expect if they can’t be contacted at all. We’ll also explain how Osbourne Pinner Solicitors can support you every step of the way, starting with a free 30-minute consultation.
Can you still get divorced if your spouse lives abroad?
Yes. You can still apply for divorce in England and Wales even if your spouse no longer lives in the UK. The process is based on jurisdiction – not where you got married or where your spouse currently lives.
You can apply for divorce in the UK if you:
- Are habitually resident in England or Wales (your main home is here)
- Are domiciled in England or Wales (you consider it your permanent home)
- Have lived in England or Wales for at least 12 months before applying
As long as you meet one of these criteria, you can begin divorce proceedings – regardless of where your spouse now lives.
Do you need your spouse’s permission?
No. Since the introduction of no-fault divorce in April 2022, you no longer need your spouse’s consent or agreement to get divorced. A single application from one spouse is enough to start the process.
That said, your spouse still needs to be formally served with the divorce application and given an opportunity to respond – unless you can prove they are uncontactable. More on that below.
Step 1: Start your divorce application
To begin the process, you’ll need to submit a divorce application online via the HMCTS portal or through a divorce and family law solicitor. You’ll be asked to provide:
- Your full details and those of your spouse
- Your marriage certificate (with translation if not in English)
- Confirmation that your marriage has irretrievably broken down
You’ll also need to state whether you’re applying on your own (sole application) or together with your spouse (joint application – less common in these cases).
Step 2: Serve the divorce papers internationally
After your application is issued by the court, you’ll need to serve the divorce papers to your spouse. If they are living abroad, this becomes more complex.
There are strict rules on how to serve documents internationally and the approach depends on which country your spouse is now in. Options include:
1. Hague Service Convention
If the country is a signatory to the Hague Convention, papers must be sent via the official central authority in that country. This ensures legal recognition and protects your case from later disputes.
2. Service via foreign courts
Some countries require you to use their own court system or process servers. This can take longer and may involve additional costs.
3. Personal service
In some situations, it may be possible to hire a local process server or solicitor to deliver the papers in person.
Your solicitor will guide you through the correct method based on your spouse’s location. It’s essential to follow the rules of international service – otherwise, your divorce may be delayed or declared invalid.
Step 3: What if you don’t know where your spouse is?
Many people find themselves in this situation. If you’ve lost contact and have no idea where your spouse is now living, all is not lost. You can still apply for divorce – but you’ll need to take extra steps.
Reasonable attempts to locate them
You’ll need to show the court that you’ve made a genuine effort to find your spouse. This may include:
- Contacting mutual friends or family
- Checking social media or previous addresses
- Reaching out via email or known phone numbers
If these attempts fail, you can apply for one of the following:
1. Application for deemed service
If you have reason to believe your spouse has received the documents (for example, you emailed them and they replied), you can ask the court to proceed without formal proof of service.
2. Application for substituted service
If your spouse cannot be served in the usual way, you can ask the court to approve an alternative – such as service via email, messaging apps or even social media.
3. Application to dispense with service
If you have no way of contacting your spouse and all attempts have failed, you can ask the court to dispense with service altogether. This allows the divorce to proceed without them.
Your solicitor will help you prepare a witness statement explaining your efforts and the reasons for the application.
Related: What If My Spouse Delays a Divorce in the UK?
Step 4: Proceeding with the divorce
Once service (or dispensation) is approved, the divorce process continues as normal. You’ll move through the following stages:
- 20-week reflection period
- Apply for the Conditional Order
- Wait six weeks
- Apply for the Final Order – the legal end of your marriage
Even if your spouse never responds, the divorce can still be finalised – provided the court is satisfied that you’ve followed the correct procedure.
What about finances and children?
Divorcing someone abroad doesn’t automatically settle financial matters or child arrangements. If you want to make sure assets are divided fairly – or if there are children involved – you’ll likely need:
- A financial order to resolve money and property matters
- A child arrangements order if your spouse still has parental responsibility
If your spouse is outside the UK, enforcing these orders may involve additional legal steps or international cooperation.
Get legal support for your international divorce
Divorcing a spouse who has left the country may feel daunting – but you don’t have to navigate it alone. At Osbourne Pinner Solicitors, we specialise in international divorce and have helped many clients successfully end their marriages, even when the other party is abroad or untraceable.
Our team of experienced divorce solicitors will guide you through every step of the process, from drafting your application to locating your spouse and applying to dispense with service if needed.
That starts with a free 30-minute consultation by phone, video or in-person at our offices in Harrow, Canary Wharf, Piccadilly Circus or Manchester City Centre. Claim yours today by calling 0203 983 5080, emailing [email protected] or using the enquiry form below.
