As relationships become more global, it’s increasingly common for UK residents to find themselves involved in an international divorce. Whether you or your spouse were married abroad, have dual nationality or own property overseas, these cross-border cases require specialist legal support.
In this guide, we’ll explain what international divorce involves, when you should speak to a solicitor and how international divorce solicitors in the UK can help protect your rights, finances and family life across borders. You’ll also get the chance to arrange a free 30-minute consultation if you still have any unanswered questions!
What is an international divorce?
An international divorce is any divorce that involves more than one country. You may be dealing with an international case if:
- You or your spouse live outside the UK
- You married abroad
- One or both of you hold foreign nationality
- You or your spouse own property or assets in another country
- Your children live abroad or have dual citizenship
These cases often raise additional questions about jurisdiction, legal procedure and enforcement of financial or child-related court orders. We’ll discuss all of that below.
Can you divorce in the UK if your marriage is international?
Yes – in many cases, you can still divorce in England or Wales even if your marriage took place abroad or your spouse now lives elsewhere.
To file for divorce in the UK, at least one of the following must apply:
- You are both habitually resident in England or Wales
- You are habitually resident and have lived in England or Wales for at least one year
- You are domiciled in England or Wales (your permanent home)
- Your spouse is habitually resident or domiciled here
If these jurisdiction criteria are met, you can begin divorce proceedings in the UK. The nationality of either spouse does not matter – it’s your connection to the UK that counts.
When should you speak to an international divorce solicitor?
International divorces can involve complex legal systems, unfamiliar laws and the risk of conflicting outcomes. You should speak to a divorce solicitor experienced in cross-border cases if:
- Your spouse lives abroad
- You married overseas or hold foreign marriage documents
- You or your spouse have assets (such as property, savings or pensions) in another country
- You are worried your spouse may file for divorce in a different country
- Your children are at risk of being taken abroad without consent
- You want to protect your interests across different legal systems
The earlier you get legal advice, the better. In some cases, the country in which proceedings are started first may determine where the entire case is handled.
How international divorce solicitors support UK residents
Specialist solicitors play a vital role in protecting your legal position when dealing with divorce across borders. Here’s how they can help.
1. Choosing the right jurisdiction
One of the first steps is working out where your divorce should take place. Sometimes, multiple countries may be able to handle your case – and different countries have different laws on financial settlements, property division, spousal maintenance and child custody.
An experienced solicitor will help you:
- Identify which countries have jurisdiction
- Compare legal outcomes in each country
- Start proceedings in the UK quickly if that’s the best option
- Prevent your spouse from gaining advantage by filing elsewhere
This is known as forum selection – and it can make a huge difference to the outcome of your divorce.
Related: What Is a Jurisdiction Race in Divorce Cases?
2. Serving divorce papers abroad
If your spouse lives outside the UK, legal documents must be served correctly and in line with international protocols. This can involve:
- Translations
- Using the Hague Service Convention
- Instructing a foreign lawyer or process server
- Applying to the court for alternative service if your spouse cannot be located
International divorce solicitors handle this on your behalf, ensuring the process is compliant and avoids unnecessary delays.
3. Dividing international assets
Cross-border financial issues are one of the biggest challenges in international divorce. Whether you own property abroad, have pensions in different countries or hold joint assets in another currency, your solicitor can:
- Identify and value overseas assets
- Prevent assets being moved or hidden abroad
- Coordinate with foreign lawyers if needed
- Secure and enforce a fair financial settlement
If necessary, your solicitor can also apply for freezing orders or injunctions to protect assets while proceedings are ongoing.
4. Resolving international child disputes
If children are involved, your solicitor will help you manage complex issues such as:
- Child arrangement orders across borders
- Preventing unauthorised removal of children from the UK
- Handling relocation requests or disputes
- Applying international child abduction laws (Hague Convention)
Your child’s welfare remains the court’s top priority – and your solicitor will ensure their best interests are protected under both UK and international law.
5. Enforcing UK orders abroad
Winning a financial or child custody order in the UK is one thing – enforcing it abroad is another. Your solicitor will work with legal experts in the relevant country to:
- Register and enforce UK court orders
- Ensure payment of spousal or child maintenance
- Recover assets or debts located overseas
- Seek reciprocal enforcement under international treaties
This coordination is essential if your spouse is based outside the UK and reluctant to comply.
Related: What Happens if a Child Arrangement Order is Breached?
What if you were already divorced abroad?
If you’ve already divorced in another country, you may still need a UK divorce solicitor to:
- Confirm whether your foreign divorce is recognised here
- Resolve outstanding financial matters
- Enforce or challenge overseas court orders
- Apply for financial relief under Part III of the Matrimonial and Family Proceedings Act 1984
Recognition of a foreign divorce is not automatic and it’s vital to check your legal status in the UK before remarrying or making financial decisions.
Speak to an international divorce expert in the UK
At Osbourne Pinner Solicitors, we specialise in helping UK residents navigate international divorces with confidence and clarity. Whether your case involves overseas assets, absent spouses or complex cross-border issues, we’re here to protect your interests every step of the way.
If there’s anything we haven’t covered above or you’d just like to talk about your case specifically, a 30-minute consultation is the perfect solution. You can come to our offices in Harrow, Canary Wharf, Piccadilly Circus or Manchester City Centre – or speak to us on a video call if you’re outside the UK.
To arrange your free session, call us on 0203 983 5080, email [email protected] or use the enquiry form below.
