The law around divorce varies a lot from country to country. So, if you are thinking about getting divorced abroad it is really important you get legal advice from a lawyer who is an expert in divorce law in that country. This will mean you are well informed from the start about what it involves. In some countries for example you can’t apply for a divorce yourself - a lawyer has to do it. In other countries you may well find that if you want to end a civil partnership entered into in England for example, you can’t because it is not recognised.

You don’t have to get divorced in the country that you were married in, or where you were living when you or your ex decided to end your marriage or civil partnership. In many countries, but not all, you can get divorced in the country in which either of you are settled now, as long as that country recognises that you were married in the first place. So, many couples will find that they can get divorced in more than one country.

Where you can divorce will depend on whether the court in the country you want to divorce in has the right and power to deal with your case. The law calls this right and power ‘jurisdiction’.

Key things you need to know about getting an international divorce

You can only get divorced in another country if:

1. Your marriage is legally recognised in the country where you want to apply for a divorce

   You can only get a divorce in a country where your marriage is legally recognised. For example, if you are a same-sex couple and you married in England (where same-sex marriage is legal), you will not be able to get a divorce in Russia (where same-sex marriage is not legal), even if you or your ex has a connection to that country.

2. You can show that you or your ex has a connection with the country that you want to apply for a divorce in

   To get divorced in another country, you must show that you or your ex has a connection to it. A court only has the right and legal power to deal with your case if you can show this connection. The law calls this ‘jurisdiction’. Different countries around the world have different rules to work out if their courts has the legal power to deal with a case when other countries may be involved. So, it is really important you get legal advice from a lawyer who is an expert in divorce law in the country where you are thinking about getting a divorce.

Many countries have rules to work out if you have a connection to that country that are about:

• being a ‘national’ of that country
• being ‘habitually resident’ in that country,
• being ‘domiciled’ in that country

Understanding your connection to a country

To work out where you may be able to get divorced, the court will look at whether you or your ex have a sufficient connection to that country. Lawyers describe this using legal concepts such as 'habitual residence', 'domicile', and sometimes 'nationality'.

These are legal concepts that are used in many countries to decide whether a court has the power to deal with your divorce.

The terms habitual residence, domicile and nationality have specific legal meanings. They do not always mean what you might expect in everyday language.

Courts will usually look at the overall picture of your life rather than applying a checklist. The exact rules can also vary from country to country.
Because of this, if more than one country may be involved, you should always seek specialist legal advice as early as possible.

Habitual residence

In many countries, including England and Wales, habitual residence is one of the main ways of deciding where you can get divorced.

Generally, your habitual residence is the place where you are actually living your day-to-day life in a settled way - where you have the centre of your life at the moment.

When deciding this, a court will look at all the circumstances. This may include things such as:

• where you are living most of the time,
• where you work or run a business,
• where your children live or go to school,
• where your home, social and family connections are, and
• how settled your life is in that country.

No single factor is decisive, and not all of these will apply in every case. The court will consider the overall pattern of your life and how closely you are connected to that country.

Domicile

Domicile is a different and more technical concept. It usually refers to the country that is considered your permanent home, even if you are currently living elsewhere. For example, you may be living abroad for work but still be legally ‘domiciled’ in your home country if you intend to return there permanently.

There can be important financial effects of stating where you are domiciled in terms of tax you may have to pay. This is a complex area and if you have business interests or investments you should get independent legal advice on this issue before you openly state where you are domiciled. You need to get legal advice in the country you are thinking about divorcing in and in the country where you have business interests. If you are thinking about moving to another country you need to get legal advice there too. 

The rules around domicile are complex and can be difficult to apply in practice. Most people should not try to work this out on their own without legal advice.

Nationality

In some countries, your nationality (citizenship) may also be relevant when deciding where you can get divorced. For example, being a national of a country may give you the right to apply for a divorce there, even if you are living abroad. However, nationality is often only one of several factors, and its importance varies depending on the country involved.

Why this matters

If you or your ex has connections to more than one country, you may be able to start divorce proceedings in more than one place.

Working out where you are allowed to divorce - and which country might be best for you - depends on how these legal concepts apply to your situation.

Because the rules are complex and differ between countries, it is really important to get advice from a specialist lawyer if you think more than one country may be involved.

If you have the option of more than one country to divorce in, go on to the next section of this guide. In the next section, we explain how to decide where you should start your divorce and what happens if you and your ex can’t agree on this. 

The law on divorce varies a lot from country to country. Where you divorce can have an impact on a number of very important things, such as:

• the types of financial orders the court is likely to make in your favour,
• the costs involved,
• the length of time it takes to get divorced and settle finances and arrangements for your children (if you have any),
• how you sort out arrangements for your children (if you have any),
• how easy it is to enforce orders made by the court, in that country or another country.
   

Thinking about where you can get the best outcome

You may find that getting divorced in one country will financially benefit you more than getting divorced somewhere else. Some countries may favour men over women in the way their court deals with divorce cases. It may be more expensive or take a lot longer to get divorced in one country than in another. So, if you have a choice of countries when it comes to starting your divorce it is important to work out which country will bring you the best outcome.

The practicalities 

You also need to think about if it is practical for you to get a divorce in a different country. Divorce is often a very stressful and upsetting process so it is important to think about things such as the length of divorce proceedings in the country that you are considering applying for a divorce in, if you speak the language, and the costs of divorcing overseas.

Getting specialist legal advice

It is important that you speak to an international family law solicitor or a lawyer in each of the countries you might want to divorce in, before you apply for a divorce to get an idea of how much divorcing abroad will cost, and if it would really benefit you to get a divorce there.

You can search for a family law solicitor that specialises in international divorce by going to the Resolution website. Click on the ‘Advanced Search’ button, then go to the box called ‘Type of Resolution Accreditation’ and select ‘International'. You can also go to the Law Society website ‘Find a solicitor’ page and use the ‘Pro search’. Go to the ‘Area of practice’ box and choose ‘Family – divorce and separation’.

Firms that specialise in international divorce law sometimes have offices in other countries so their colleagues can help you. If they don’t have offices in other countries they will have good contacts with lawyers in different countries that specialise in this. They will then put you in contact with the right lawyer to help you.

Forum disputes

If there is more than one country that you can divorce in, the court will usually decide if you have a strong enough connection to the country that you are applying to divorce in and as long as your ex agrees the divorce will continue in that country. If however, your ex does not agree, the court will have to decide where the divorce should continue. The law calls this a ‘forum dispute’. Forum disputes are often very lengthy and can cost huge amounts of money. So, it is important to get specialist advice on this before you start your divorce case. You will need to pay some money to get reliable advice from a specialist but if you don’t, you could end up in a complicated and very expensive dispute about which court should deal with your divorce.

Starting a divorce in England and Wales 

If you are thinking about starting your divorce in England and Wales, it is important to know that the court usually expects people to consider whether issues can be sorted out without going to court first, for example through mediation. But it might be that if your case is urgent or delay could really damage your position, the court will permit you to apply straight away. These rules can be complicated when there are international disagreements so it is best to get legal advice as soon as you can. 

Can I get a divorce in England if I live abroad?

It depends. If you or your ex still has a legal connection to England and Wales then you can. For example, if one of you is still domiciled in England and Wales or if you can show you meet the habitual residence requirements before you make the application.

What is the difference between habitual residence and domicile?

'Habitual residence' means that you live somewhere regularly. To prove habitual residence, you have to show that you are settled in the country or that you are planning to stay there for a while, even if it is not your permanent home. How to show you are habitually resident varies from country to country. In England and Wales ‘domicile’ is where your permanent home is. This doesn’t have to be a permanent address. For example, you can live abroad for work but not plan to stay in that country permanently and as such your birth country remains where you are ‘domiciled’.

Can my spouse block or contest an international divorce in England?

Your ex can challenge the application if they have good legal arguments to say that the court In England (or Wales) lacks jurisdiction (the legal right and power) to deal with the application and that another country should deal with it instead.

Domicile 

The legal test for working out the country where you have your permanent home. For some people this is straightforward to work out but for others it can be more complicated.

Habitual residence 

The legal test for where you normally live. For most people this is quite straightforward but for some it can be more complicated.

International divorce 

Where your marriage or divorce involves more than one country in some way. For example, where you apply for a divorce in a country that is different to the one you are living in.  

Jurisdiction 

The right and legal power of a court to deal with your case.

Nationality

To be a national means you have the official right to be a member of a nation state. You can acquire nationality by birth, the nationality of your parents, adoption, or marriage (the rules vary from country to country).

Disclaimer

The information in this guide applies to England and Wales and is for general purposes only. The law may be different if you live in Scotland or Northern Ireland.

The law is complicated. We have simplified things in the guide to give you an idea of how the law applies to you. Please don't rely on this guide as a complete statement of the law. We recommend you try and get advice from the sources we have suggested.  

The quotes and cases we refer to are not always real but show a typical situation. We hope they help you think about how to deal with your own situation.

Acknowledgements

This guide was written and produced by Advicenow. The latest update was funded thanks to the Ministry of Justice via the Online Support and Advice Grant. 

Advicenow would like to thank all those who provided feedback and advice on this guide, particularly Melanie Bataillard-Samuel of MBS Family Law.