It is still possible to get a divorce if your spouse lives abroad, provided that either you or your spouse meet certain criteria. The process is largely the same as a normal UK-based divorce, where both spouses reside in the UK.
How do I divorce someone who lives abroad?
Step 1: Check if you are eligible for divorce in England or Wales:
To apply for a divorce in England and Wales (note that Scotland and Northern Ireland have different legal systems), the following conditions must be met:
- You must have been married for at least one year.
- Your marriage must have irretrievably broken down.
- You must provide a valid marriage certificate.
Jurisdictional grounds
To apply in England and Wales, at least one of the following legal criteria must also be met:
- Both spouses are habitually resident in England and Wales.
- Both spouses were last habitually resident in England and Wales, and one of them still lives there.
- The respondent is habitually resident in England and Wales.
- The applicant is habitually resident in England and Wales and has lived there for at least one year immediately before the application.
- The applicant is domiciled and habitually resident in England and Wales and has lived there for at least six months immediately before the application.
- Both spouses are domiciled in England and Wales.
- Either spouse is domiciled in England and Wales.
If you’re unsure about whether you meet these criteria, it’s a good idea to seek legal advice before proceeding.
Step 2: Prepare the divorce application
You can apply online or by post. You’ll need:
- Full name, address and contact information for both parties.
- Original marriage certificate and a certified translation if it’s not in English.
Step 3: File the application
- Apply online via gov.uk or by post using Form D8, which you can download and print off.
- Pay the court fee. You may be eligible for financial aid to help with divorce fees. You can find more information about this on gov.uk.
Step 4: Notify your spouse
If your spouse lives abroad, the court will require that you arrange for the divorce papers to be sent by post or delivered in person. The application needs to be served upon your spouse within 28 days.
You may need to:
- Employ a process server in the other country (a professional service dedicated to delivering important legal documents.)
- Translate the documents if necessary.
- You must provide proof to the court that your spouse has received the papers.
Step 5: Wait for your spouse to respond
How long your spouse has to respond to the divorce application will depend on where they are living:
- If they agree, the application can go ahead.
- If they don’t respond within this time frame but you know they have received the application, you can apply for Deemed Service. Your divorce can still go through, it just may take longer, and you will need to prove you made every effort to contact your spouse.
- If you can’t locate your spouse and you have exhausted all options, you will probably need to apply for the court to dispense with service (more on this below.)
Step 6: Wait 20 weeks
There is a mandatory 20-week reflection period from when your application is issued before you can apply for the conditional order.
Step 7: Apply for a conditional order
Once the court is satisfied your spouse has been served or notified and you have waited the 20 weeks:
- You can apply for the conditional order
- Once granted, this confirms that the court sees no reason why you can’t divorce.
Step 8: Apply for a final order
Six weeks after the conditional order is granted, you can apply for the final order. Once granted, you are legally divorced.
Will divorcing someone abroad take longer?
Getting a divorce from someone who lives in another country shouldn’t really take any longer than divorcing someone who lives in the UK although it may take a little longer to serve the application on your spouse and for them to respond. If your spouse is difficult to get hold of, or doesn’t respond to your divorce application, this can slow things down too.
What if I can’t find my ex?
If you are having trouble getting hold of your spouse or you don’t have any contact details, you can still apply for a divorce. You will need to complete a sole application (rather than a joint one) and you will also need to use a professional people tracer to try and locate your spouse. If this process is unsuccessful and you have tried all other options, you will be able to apply for the court to dispense with service. Once granted, your divorce can go ahead as normal, without your spouse’s response.
If your spouse lives abroad and you’re unsure what to do, speak to an expert
Divorce is a stressful time, so getting the right advice to ensure everything goes smoothly is essential. Book a free, 30-minute consultation with a divorce expert and put your mind at ease. Call us on 0800 321 3832 or complete our quick online form to book.
Nick Wiseman
Divorce and family lawyer Norwich
