Divorce is never easy – and it can become even more complicated when international factors are involved.
For couples who have lived in more than one country or who hold dual citizenship, the question often arises – can you file for divorce in two countries at the same time?
In this blog post, we’ll explore how international divorce works, whether dual proceedings are possible or advisable and what you should know about jurisdiction, legal strategy and enforcement of outcomes. We’ll also explain why seeking professional legal advice early is essential if your separation crosses borders and how to get a free 30-minute consultation with an expert divorce solicitor.
Jurisdiction: where can you get divorced?
The key factor in international divorce is jurisdiction – in other words, which country’s legal system has the authority to handle your divorce.
Most countries will allow you to file for divorce if you or your spouse meets certain residency or nationality requirements. In England and Wales, for instance, you can typically apply for divorce if:
- You and/or your spouse are habitually resident in England or Wales
- You or your spouse are domiciled in England or Wales
- You have been living in England or Wales for at least 12 months
Other countries have different rules. Some are stricter, requiring several years of residency. Others are more flexible, particularly if one or both spouses are nationals of that country.
This means it’s entirely possible that two different countries might have the legal authority to process your divorce – especially if you and your spouse have ties to both.
Can you file in two countries at once?
Legally speaking, yes – you can file for divorce in more than one country. This is known as concurrent proceedings. However, doing so often creates complications and may not be in your best interests.
Why would someone try this? Common reasons include:
- Tactical advantage – One spouse may prefer a jurisdiction that favours their position
- Uncertainty about jurisdiction – Especially if spouses live in different countries
- Protecting rights – Filing quickly to prevent the other party gaining an upper hand
While concurrent applications are possible, most legal systems try to avoid conflicting judgments. That means once one court begins substantive proceedings, the other is likely to pause or decline jurisdiction.
Which court gets priority?
This depends on the countries involved. In the UK, the courts follow a principle called “first in time”. This means that whichever country’s court is first properly seised of the divorce – meaning the application is formally accepted and the other party notified – usually gets to proceed with the case.
In the EU (prior to Brexit), these rules were tightly regulated under Brussels IIa, giving clear priority to the first court seised. Since Brexit, the UK is no longer part of this regulation, which means jurisdictional battles may be more common, especially when one party files in the UK and the other in an EU country.
Outside the EU, each country has its own approach. Some may ignore proceedings in another country entirely unless there’s a treaty or agreement in place.
Risks of dual divorce proceedings
Filing for divorce in two countries can lead to serious complications, including:
- Conflicting outcomes
- Delay and increased legal fees
- Jurisdictional challenges from the opposing party
- Difficulty enforcing court orders internationally
For these reasons, divorce and family law solicitors and professionals typically advise against starting proceedings in multiple countries unless there’s a clear strategic benefit.
Which country should you choose?
If you have the option to file in more than one country, it’s vital to understand how each legal system treats:
- Division of assets – For example, whether the system favours equality or entitlement
- Spousal maintenance – Including whether ongoing financial support is awarded
- Child custody and relocation – Especially if children may live in different countries
- Court efficiency and costs – Including how long proceedings take and the legal expenses involved
Choosing the right country could have a significant impact on your financial future and your parental rights.
What if a divorce has already been finalised abroad?
If your spouse has already obtained a divorce in another country, you may need to consider:
- Whether that divorce is recognised in the UK
- Whether you can still make financial claims in England and Wales under Part III of the Matrimonial and Family Proceedings Act 1984
- Whether a foreign financial or child arrangement order can be enforced in the UK
It’s important to seek legal advice to protect your rights in these scenarios.
Get expert legal advice on international divorce
International divorces are complex and no two cases are the same. Whether you or your spouse live abroad, have foreign assets or are considering filing in more than one country, it’s vital to get tailored legal advice.
At Osbourne Pinner Solicitors, our experienced family law team can help you:
- Understand your legal options
- Choose the most favourable and appropriate jurisdiction
- Manage cross-border proceedings
- Secure a fair and enforceable settlement
We offer a free 30-minute consultation with our divorce solicitors in London (Harrow, Canary Wharf or Piccadilly Circus) or Manchester City Centre. Call 0203 983 5080, email [email protected] or use the enquiry form below to get started.
