Expat Divorce
 In some divorce cases, where parties are living outside the UK, or are living in the UK but originally from other parts of the world there are added complexities to a divorce case. At Woolley & Co we call these Expat Divorce cases.You may need an expat divorce:
- If you are originally from England or Wales but currently live in another part of the world and want to use the English Courts to obtain a divorce.
- If your marriage took place abroad.
- If you have lived outside the UK for a number of years, have only recently returned and want to divorce here.
- If you and / or your spouse are from outside the UK, have made your home in England or Wales and choose to divorce here.
- If your spouse lives outside the UK and there may be issues in tracing them or debate about where to get divorced.
There may be other circumstances where an ‘expat divorce’ or international divorce law applies. There are some complex legal issues to consider so it always best to take advice from an expert in international divorce issues.
Am I eligible to divorce under English law?
The main questions to be answered are in relation to where you and your spouse are ‘domiciled’ (see below) and where you are habitually resident (normally live).
Domicile is a legal concept used to link an individual with a particular legal system. It takes into account where you were born as well as where you are living now and your intentions for the future. Our lawyers will be able to advise you, whether you are eligible for a divorce through the English Courts and in straight-forward situations may be able to do this during a half hour telephone appointment.
Fixed fee expat divorce
Woolley & Co, Solicitors offer a special fixed fee divorce service for an expat divorce in the situations described above. In cases of uncontested divorce we can handle your divorce from start to finish, preparing all the necessary paperwork, filing papers at the court and considering all issues of jurisdiction (ie which country’s law’s apply).
Why divorce through the English Courts?
Using the English legal system is often much quicker, cheaper and more effective than attempting to use the local jurisdiction and in many instances expats are prevented from applying for divorce in the country to which they have moved.
Deciding where to divorce
As it can be beneficial to use the English legal system to process your divorce you should always take advice on whether you are eligible to divorce under English law. If your circumstances are at all complicated, for example you married abroad, either party is not a UK citizen or, you live or are domiciled in different countries then there are complicated rules which apply some of those due to European legislation and so your circumstances may need to be explored in much more detail. Our detailed case assessment is appropriate in these circumstances to ensure you receive the best possible advice.
Limitations of the English Courts
There are some limitations on what can be ordered through the English court system. Any foreign owned property for instance is not under the jurisdiction of the English courts so for example the judge cannot make orders for instance in respect of overseas assets, unless the other party is in agreement. This means that the Court cannot order that a house in France be transferred to one particular party but it can approve this if it is agreed between you and your spouse. If an agreement cannot be reached between you regarding the foreign assets then this would have to be dealt with by a lawyer in the relevant country.
A note about Scottish Law
The law in England and Wales is different to the law in Scotland. If you and / or spouse consider yourself to be Scottish citizens, you both normally live in Scotland, lived in Scotland during the marriage or have a stronger connection with Scotland than England or Wales you should take advice from a solicitor qualified in Scotland.
If one of you is Scottish and the other from overseas however you may still be able to divorce in England. Call us to discuss your particular circumstances.
Need further advice?
Contact Woolley & Co on +44 (0) 1789 330310 now for advice on international divorce or book an appointment or find a lawyer to handle your case below.
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