As the world becomes more connected, international relationships are becoming increasingly common. But when those relationships break down, the process of divorce can quickly become more complex. If you or your spouse live, work or hold assets in different countries, you may be dealing with what’s known as an international divorce.
In this blog post, we’ll explain exactly what international divorce is, how it differs from a domestic divorce, what legal issues you may face and how to protect your rights across borders. Whether you’re a British national overseas or married to someone from abroad, this guide will help you understand your next steps and explain how you can benefit from a free 30-minute consultation with a family law solicitor.
What is meant by international divorce?
An international divorce refers to any divorce where there is a cross-border element. That could include:
- One or both spouses living in a different country
- The marriage taking place outside the UK
- Assets, property or businesses located abroad
- Children with dual nationality or living in another country
- Spouses from different nationalities or domiciles
In short, if more than one country is involved in any aspect of the divorce – residence, marriage, finances or children – then you’re likely dealing with an international divorce.
Who can apply for an international divorce in the UK?
You don’t need to be a British citizen to apply for divorce in the UK. Instead, the key consideration is jurisdiction – which country has the legal authority to deal with your case.
You can file for divorce in England or Wales if:
- You and your spouse are both habitually resident in the UK
- You are habitually resident here and have lived in the UK for at least 12 months
- You are domiciled in the UK (your permanent home is here)
- Your spouse is habitually resident or domiciled in the UK
As long as one party has a sufficient connection to England or Wales, the courts will typically accept jurisdiction.
What makes international divorce more complex?
There are several factors that can make international divorce more challenging than a standard UK-based separation.
Jurisdictional disputes
If both the UK and another country have legal authority to handle the divorce, there may be a dispute over which country should take the lead. This is known as a forum dispute.
In some cases, both spouses try to file in the country most favourable to them – often called “forum shopping”. In these situations, the court where proceedings are first formally issued usually takes priority.
Different divorce laws
Each country has its own rules on marriage, divorce, financial settlements and child custody. What is considered fair or enforceable in one jurisdiction may not apply in another.
This can affect how assets are divided, whether spousal maintenance is available, how pensions or property are treated and how parental rights are handled.
Serving documents abroad
When your spouse lives in another country, you must follow the correct procedures to serve divorce papers internationally. This can involve translation of legal documents, using the Hague Service Convention process, dealing with a foreign court or applying for substituted service if your spouse’s location is unknown.
Enforcing orders in another country
Even if you obtain a financial or child arrangement order from a UK court, you may face challenges enforcing it overseas.
If your ex-spouse is living in a country that does not recognise UK court judgments, you may need to start new legal proceedings there. Enforcement depends on international treaties, local laws and cooperation between countries.
Can you get divorced in more than one country?
It’s possible – but usually not advisable. If more than one country has jurisdiction, proceedings may be issued in both. However, most courts try to avoid conflicting outcomes by deferring to the country first seised of the case.
Trying to divorce in two places at once can cause unnecessary cost, confusion and legal delays. The better approach is to determine the most appropriate country and proceed there with proper legal advice.
What happens if your marriage took place abroad?
You can still divorce in the UK even if your wedding took place abroad, as long as the marriage was legally recognised in the country where it took place and you can provide a valid marriage certificate (translated if necessary).
As long as you meet the UK jurisdiction criteria, the location of your marriage ceremony does not prevent you from applying for divorce here.
Do you need to sort out finances separately?
Yes. Divorce ends the legal marriage but it does not automatically deal with financial arrangements. If you have property, pensions, savings or debts – especially across multiple countries – you’ll need a separate financial order from the court.
This can include division of UK and foreign assets, spousal maintenance, pension sharing and property transfers.
If your spouse is abroad or owns assets abroad, your solicitor may need to liaise with lawyers in that country to secure or enforce any orders made.
What about children in an international divorce?
Children with international ties may be subject to complex legal considerations. If they live in another country or one parent wants to relocate them abroad, UK courts must apply international child abduction and relocation laws.
These cases are especially sensitive and must always prioritise the best interests of the child. In many situations, parents may need to negotiate detailed child arrangement orders or travel agreements.
Related: Child Relocation Cases: What Parents Need to Know
Get expert legal advice on international divorce
International divorces are often more complex, time-consuming and legally sensitive than local ones. If your situation involves another country in any way, it’s crucial to work with an experienced divorce solicitor who understands the cross-border issues and can guide you through the process.
At Osbourne Pinner Solicitors, we have extensive experience in international family law. Whether you’re divorcing a foreign national, living overseas or dealing with assets and children abroad, we can help you reach a fair and enforceable outcome.
We offer a free 30-minute consultation at our offices in Harrow, Canary Wharf, Piccadilly Circus or Manchester City Centre. We can also connect by video call if you’re based elsewhere. Sound good? Call 0203 983 5080, email [email protected] or use the form below to get started.
