Key Takeaways
- You do not have to be living in the UK to divorce through the English courts. What matters is whether you meet the jurisdiction rules.
- The two key concepts are habitual residence, where you actually live, and domicile, the country you treat as your permanent home even while abroad.
- Many British expats can divorce in England and Wales without returning home, and often without ever attending court.
- Where more than one country could deal with the divorce, the choice of country can significantly affect the financial outcome.
- Even if you have already divorced abroad, you may still be able to bring a financial claim through the English courts.
You have built a life overseas, and now your marriage is ending. On top of everything that brings, you are facing a question most people never have to ask: which country’s courts even deal with your divorce? You might be worried you are stuck with an unfamiliar legal system in the country you live in, or that you would have to uproot everything and move back to England just to get divorced. Neither of those is necessarily true.
For a lot of British nationals living abroad, the English courts remain an option, and often a very good one. But it depends on your connections to England and Wales, and the choice is not always as simple as it looks. Getting early advice can make a real difference to both the process and the outcome.
This guide explains when an expat can divorce through the English courts, how it works from overseas, and why the choice of country matters so much. If you would like advice on your own situation, Osbourne Pinner offers a free 30-minute consultation with a family law and divorce solicitor, by video wherever you are. You can also read our overview of what international divorce involves.
Can you get a UK divorce while living abroad?
Often, yes. A common misconception is that expats can only divorce in the country where they now live, or the country where they married. That is not the case. Being a British citizen does not, on its own, give you the right to divorce in England and Wales, but your connection to the country might.
The English courts can deal with your divorce if you meet one of the jurisdiction grounds. What counts is not your passport but your ties to England and Wales, measured through two legal concepts that are worth understanding properly.
Habitual residence and domicile: the two ideas that decide it
Almost every expat divorce question comes back to these two terms, so it helps to be clear on what they mean.
Habitual residence is the country where you actually live your day-to-day life on a settled basis. If you have moved abroad and made your life there, your habitual residence is likely to be that country, not England.
Domicile is different, and this is the one that often keeps the door to the English courts open. Your domicile is the country you treat as your permanent home, the place you ultimately belong to, even if you are living somewhere else for now. Most people born in England to English parents keep an English domicile of origin unless they take deliberate steps to make somewhere else their permanent home for good. So a British expat who has lived abroad for years may still be domiciled in England and Wales.
The jurisdiction grounds
The rules on when the English courts can hear a divorce are set out in section 5 of the Domicile and Matrimonial Proceedings Act 1973. You can apply here if, on the date of the application, one of a number of conditions is met. The ones that most often help an expat are these.
- Either you or your spouse is domiciled in England and Wales. For many British expats who kept their English domicile, this is the route in.
- You are habitually resident in England and Wales and have lived here for at least the previous 12 months.
- You are domiciled and habitually resident in England and Wales and have lived here for at least the previous six months.
- Your spouse is habitually resident in England and Wales.
So even if you live overseas, if you have retained an English domicile, you may be able to divorce here without moving back. Whether domicile applies to you is a question of fact and intention, and it is exactly the kind of thing worth checking with a solicitor before you rely on it.
Do you have to come back to England, or attend court?
Usually not, on either count. One of the real advantages of the English system is that a straightforward divorce is largely an administrative, paper and online process. You do not generally need to return to England to divorce, and you do not usually need to attend a court hearing in person.
The application is made through the government’s online service, and your solicitor can handle the process on your behalf while you stay where you are. You can find the official service on GOV.UK. Modern secure communication means documents can be shared electronically, so distance is far less of an obstacle than people expect.
It is also worth knowing that the only ground for divorce in England and Wales is that the marriage has broken down irretrievably. Since the no-fault reforms, you do not have to blame your partner or prove any particular reason. You simply confirm the marriage is over.
Why the choice of country matters so much
Here is the part that catches expats out, and where early advice really earns its keep. Where you and your partner have connections to more than one country, it is sometimes possible for the divorce to take place in either. Those countries can treat the finances very differently, and the gap between outcomes can be enormous.
England and Wales is widely regarded as one of the more generous jurisdictions in the world for the financially weaker spouse, taking a broad, needs-based approach to dividing assets and to maintenance. Another country might take a far more restrictive view. So the question of where you divorce is not a technicality. It can shape your financial future.
This is why timing can matter. If both you and your partner could divorce in different countries, there can effectively be a race, and the first properly issued proceedings can influence which court deals with the case. Our guide to the jurisdiction race in divorce explains how this works. Since the UK left the European Union, the old automatic EU rules no longer apply, and the English court decides these questions by looking at which country is the more appropriate forum.
What if you have already divorced abroad?
Many expats divorce in the country where they live, only to find the financial side was dealt with far less generously than it would have been here, or not properly dealt with at all. If that has happened to you, the door may not be closed. Under Part III of the Matrimonial and Family Proceedings Act 1984, the English courts can, in certain circumstances, make financial orders even after a divorce that took place in another country, including in relation to property here, maintenance and pensions.
This is a specialist area with strict requirements, and permission from the court is needed first. But for an expat left short by a foreign settlement, it can be a valuable second look. It is well worth taking advice rather than assuming nothing more can be done.
Practical points for divorcing as an expat
- Get advice early, ideally before you or your partner start proceedings anywhere, so the question of where to divorce is a choice rather than an accident.
- Gather evidence of your connection to England and Wales, particularly anything that supports an English domicile.
- Think about the finances and the country’s approach to them, not just the divorce itself. The money is usually where the real difference lies.
- If children are involved, remember that arrangements for them are usually decided where the children are habitually resident, which may not be England.
- Sort out secure ways to share sensitive documents with your solicitor, given the distance and any time difference.
Talk to a family law and divorce solicitor at Osbourne Pinner
If you are a British national living overseas and facing divorce, our family law and divorce solicitors can advise you on whether the English courts are open to you and whether they are the right choice. We are a multi-office firm with solicitors in London (Piccadilly and Canary Wharf), Harrow and Manchester, and we advise expat clients around the world by video.
We offer a free 30-minute consultation with a family law and divorce solicitor, Monday to Friday, with no obligation, wherever you are based. It costs nothing to find out where you stand. We do not offer Legal Aid.
Call us on 0203 983 5080, message us on WhatsApp, or email [email protected] to arrange your consultation.
Please note that this article is for informational purposes only and does not constitute legal advice. We always recommend speaking to a qualified solicitor for advice tailored to your specific circumstances.
