For a free 30-minute initial chat with one of our international divorce lawyers, call Woolley & Co on 0800 321 3832 or complete our online form.
A divorce through the English courts may be available to you if you are living outside the UK or are living in the UK but originally from another part of the world. There are added complexities to a divorce in such cases. At Woolley & Co, we sometimes refer to international divorce in the UK as an ‘expat divorce’.
Our international divorce lawyers regularly handle divorce for expats living in Spain, France, the USA, Canada, the UAE, Thailand, Japan, Germany, Sweden, Australia, New Zealand, in fact, all areas of the world. They also deal with divorce for armed forces personnel posted overseas.
You may need an international divorce if:
There may be other circumstances where an ‘expat divorce’ or international divorce law applies. There are some complex legal issues to consider, so it is always best to take advice from an experienced international divorce solicitor familiar with divorce issues across jurisdictions.
Most of our lawyers are able to offer advice on international and expat divorce issues, including how to get a divorce in the UK, advice on issues of jurisdiction (whether you would be eligible for an expat divorce), as well as the international relocation of children, or ‘leave to remove’ as it is sometimes called.
See examples of our international divorce expertise here.
Take a look at our team to find an international divorce lawyer near you.
Take advantage of a free 30-minute telephone appointment to talk through your situation. We will explain your options and how we can help. You will find our international divorce lawyers are friendly, approachable and knowledgeable.
We offer a detailed case assessment allowing time for discussion and consideration of your case by an experienced lawyer.
For a free 30-minute initial chat with one of our international divorce lawyers, call Woolley & Co on 0800 321 3832 or complete our online form.
Woolley & Co offer a special fixed price divorce service for an international divorce. 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 (i.e. which country’s laws apply).
If you are a British expat living abroad and wish to get divorced in the UK, our experienced international divorce lawyers can help. We are happy to work with you over the phone, via email and through videoconferencing and can ensure all of the necessary paperwork is filed with the appropriate English divorce court. We can also advise on dealing with issues such as arrangements for children and finances, taking into consideration your circumstances.
If you married abroad, but you and your spouse are both habitually resident or domiciled in England or Wales, then you will likely be eligible to have your divorce dealt with through the English court system. If only one of you is based in England or Wales, then you may still be eligible to divorce here.
If you have been living abroad but have recently returned to live in England or Wales, then you may be eligible to get divorced in an English or Welsh court depending on the circumstances. We recommend speaking to one of our specialist international divorce solicitors as soon as possible to clarify your situation and ensure you fully understand your options.
If you are not from England or Wales originally, you will likely be eligible to divorce in an English or Welsh court if you have made your permanent home here. This will depend on the exact situation, including where you got married and whether your marriage is recognised under English law, so please speak to one of our international divorce law experts to find out if we can help.
As long as you are habitually resident in England or Wales, you will usually be able to initiate divorce proceedings in an English or Welsh court. Our international divorce lawyers can advise you on whether this option is open to you and guide you through the entire international divorce process, as well as advising on how your spouse living abroad may impact issues such as division of matrimonial finances and arrangements for children.
When dealing with the division of matrimonial finances in England or Wales, there is a legal requirement to disclose all assets held by both parties, including those in the UK and overseas. International assets can be complicated to deal with when getting divorced, so it is important to have specialist advice to make sure you reach a fair division of finances that meets your needs, whether through an amicable settlement or court proceedings.
At Woolley & Co solicitors, we have exceptional expertise in complex divorce financial matters, including those involving international assets. We can provide clear advice on your rights, help with negotiating a settlement and represent you in court proceedings if required.
Moving children from one country to another can be very challenging for everyone involved. It is absolutely essential that your children’s best interests are kept at the forefront at all times, while also protecting your relationship with them.
Our international divorce lawyers are highly experienced in advising individuals and separating couples on international relocation of children, so we can help to make sure you consider the issue from all angles and that you find the right way forward for your children. Wherever possible, we will seek an amicable agreement, but we have strong expertise in making successful court applications for permission to take children abroad and for Prohibited Steps Orders preventing the removal of a child from England and Wales.
You may well be able to if you can prove a link back to the UK, for example you were born here, still have property or business interests here and / or intend to return to live here. This is quite a complex area of law, known as international jurisdiction, so it is best to take advice on your particular set of circumstances.
We use the term expat or international divorce to describe any divorce using the English court system in the following circumstances:
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 a lawyer experienced in international divorce issues.
The most common question that expats ask is ‘am I eligible for a divorce under English law’. The main issues 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 international divorce lawyers will be able to advise you whether you are eligible for a divorce through the English Courts and, in straightforward situations, may be able to do this during a half hour telephone appointment.
An international divorce in the UK typically takes around 6 to 12 months, though this can vary depending on the complexity of the case, whether it is contested, and if both parties are cooperating. The process begins by establishing that the UK courts have jurisdiction. This can be based on various grounds, including both parties being habitually resident in England or Wales; the parties were last habitually resident there and one still resides; the respondent is habitually resident; the applicant has been habitually resident for at least a year (or six months if also domiciled); the applicant, respondent, or both parties are domiciled. If another country is also involved in the proceedings, this can lead to legal delays due to jurisdictional disputes or the need to coordinate between legal systems, which may extend the timeline significantly.
Once jurisdiction is confirmed, the divorce follows the standard UK process. After submitting the application, there is a mandatory 20-week “cooling off” period before the court can make a Conditional Order (formerly known as a Decree Nisi). After another 6 weeks and 1 day, the applicant can apply for the Final Order (formerly Decree Absolute), which legally ends the marriage. If financial settlements or child arrangements are also being negotiated across borders, those can add additional months to the overall process.
The cost of an international divorce in the UK can vary significantly depending on the complexity of the case, legal representation required, and whether it is contested. Typically, the court fee for filing for divorce is £612, but additional costs arise when dealing with international elements such as locating and serving a spouse overseas, translating documents, or addressing jurisdictional disputes. In the UK, the cost of a divorce can vary depending on the situation. For straightforward cases, costs typically start from around £1,200 per person.
If no financial settlement is needed and the couple completes the process themselves online, the cost may be limited to just the court fee. However, if the divorce involves disputes over finances or children, costs can rise significantly depending on the complexity of the case and the level of legal support required.
Legal aid is not usually available unless domestic abuse is involved.
To obtain an international divorce in the UK, at least one spouse must have a sufficient connection to the UK — typically through habitual residence or domicile in England or Wales. However, where more than one country could potentially claim jurisdiction — for example, where spouses have connections to different countries — it is essential to assess whether the UK is the most appropriate forum to hear the case. This involves considering the legal principle of forum conveniens (the appropriate forum), under which the court may refuse to accept a case if another jurisdiction is clearly more suitable based on factors such as where the parties live, where the marriage took place, the location of assets, and where any children reside. Differences in divorce law, financial provision, or custody arrangements between jurisdictions can lead to significantly different outcomes. As such, obtaining legal advice at the outset is strongly recommended, especially in cases involving cross-border finances, assets, or children, where jurisdictional strategy can materially affect the outcome.
Once jurisdiction is established, the divorce process proceeds in the same way as a domestic divorce. You can apply for a divorce through the HMCTS online portal (for England and Wales), providing details of the marriage and confirming that it has permanently broken down. If the marriage was abroad, a certified translation of the marriage certificate may be required. Financial claims and child arrangements may involve international enforcement, which can be complex and may depend on reciprocal agreements between the UK and the other country involved. Legal professionals often recommend securing financial orders in both jurisdictions, if possible, to ensure enforcement.
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, 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.
There are some limitations on what can be ordered through the English court system, for instance, regarding foreign owned property, depending on whether any potential orders for its sale or transfer are capable of being enforced in the country in which they are held.
This is a highly difficult and procedural area of the law, and advice should be sought from the outset to determine other ways in which such property can be dealt with, such as offsetting a party’s interest in other assets of the marriage in order that such property can be retained.
That said, if an agreement can be reached between the parties as to a sale or transfer of that foreign property, the Court here will approve it. One of our international divorce lawyers will be able to advise on your options.
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, you may still be able to divorce in England. Call us to discuss your circumstances on 0800 321 3832.
Call Woolley & Co for an initial chat with one of our international divorce specialists – 0800 321 3832, or complete our online form.
Our international divorce lawyers assist clients in the UK and internationally facing a wide range of situations, with examples of our work including:
Going through a divorce is never easy, but when there is an international component, it can make things even more challenging. Our team are here to guide you and make the international divorce process as simple and stress-free as possible.
To take advantage of your free 30-minute consultation with our expert international family law solicitors, call 0800 321 3832, or complete our quick online form.
