Our divorce Solicitors deal with matters where the parties are living outside the UK or are not originally from the UK. These are often called ‘expat divorces’ or International divorces.
You will need to consider this if:
- You are originally from England or Wales but you are currently living elsewhere in the world and you would like the English courts to deal with your divorce;
- You have only recently returned to live in the UK after living elsewhere in the world for several years previously;
- You are originally from outside the UK but are now living here and wish to divorce here;
- Your spouse lives outside the UK and there may be issues concerning how to trace them or in which country the proceedings should be issued.
Whether you are eligible to divorce in the UK depends upon two things:
- where you are ‘domiciled’;
- where you are ‘habitually resident’.
Domicile is a legal point which takes into account not only where you were born but also where you are living now and what your intentions are for the future. Habitual residence, on the other hand, refers to where you live and are based for the majority of the time.
You should be aware that even if you and your ex-spouse have already been granted a divorce in another country, if you have strong links with England, it may be possible for the English courts to deal with any financial matters arising from your divorce. Using the English legal system is often much quicker, cheaper and more effective than attempting to use your local jurisdiction and in many instances expats can be prevented from doing so.
It is also worth noting that it may be financially advantageous to divorce here so it is important to seek specialist legal advice before issuing divorce proceedings.
Please contact us to discuss how our Family Law Solicitors might be able to act on your behalf.
