Expat examples
As the law surrounding divorce from overseas is complex the following mini case studies have been designed to examine under what circumstances divorce in England and Wales is possible.
US Divorce - What to do next
Mrs. Smyth is a U.K. citizen, married to an American citizen for the last five years. Having spent 5 years living with her husband in the States she returned to the UK for a two month visit with family and friends. On returning to her home she was told by her husband he wanted a divorce and had already started proceedings Mr and Mrs Smyth jointly have a mortgage, cars and various household belongings. Mrs Smyth has been offered no financial settlement, instead Mr Smyth has said that he'll arrange for her name to be taken off the debt for the mortgage and the loans for the cars etc. Of course that means she would have no home or access to transport. What should she do?
In this instance the husband has already started proceedings therefore it is essential that Mrs Smyth appoints a US attorney. Unfortunately we have no jurisdiction in the US. We can contact a suitable US law firm, at reasonable cost, and obtain a quote for the work they will need to do. If there are any assets in the UK we may be able to apply to the UK courts for these assets to be 'frozen'. This is especially important if there are funds in the bank or savings accounts, stocks and shares, or a pension fund. Mrs Smyth can also apply for court orders in respect of any house property in the UK.
Divorcing from abroad
Mr James is a UK citizen married to a Cypriot and is now living in Cyprus. The relationship has almost completely broken down. The couple were first married in a civil ceremony in the UK in 2000, later in a church ceremony in Cyprus in 2001.
Mr James asks: can I file for divorce in the UK or must I move back to the UK first?
There is no need to return to the UK to file for divorce. As a UK citizen you can apply for divorce through the UK courts. You will need specialist advice about the divorce process and how matrimonial assets may be handled.
Separation across the miles
Jane and Bob were married in the UK in 1997. They are both originally from New Zealand and Jane has already returned there, with Bob's blessing. The two have now decided they should get a divorce. Bob has agreed to take the lead in getting the divorce sorted out.
What's the easiest and cheapest way to get an international divorce?
Bob can arrange for a divorce through the UK courts and it should take just a few months. Given the international element it's unlikely Bob would be able to easily complete all of the necessary paperwork himself, without the support and advice of a specialist divorce lawyer. Lawyers' fees in a non-contested case like this are likely to be around £1,400, which of course Bob and Jane can split between them should they wish. In any divorce, there are also fees to be paid to the court. These are currently £340.
Woolley & Co offer a fixed fee expat divorce – more details here.
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