Getting A ‘UK’ Divorce When You Live Abroad

There are many reasons why you may want to apply for a divorce in the United Kingdom, perhaps you were originally married in the UK and now live abroad, or maybe you have a connection with the UK but are not a British national. If you are living abroad and seeking a UK divorce, your first port of call is to get in touch with UK international divorce lawyers early on. The timing of a divorce when you live overseas is an important factor in helping you achieve the kind of outcome you want.

Why should I use the UK legal system to divorce?

Divorcing in England or Wales (UK) is usually a simple process with yours and your spouse’s assets divided equitably. The UK system is acknowledged as being favourable to the party in a more financially vulnerable position, plus, many people who do not live in the UK any longer prefer it because it is a familiar language and system. The country where proceedings are first issued is the one that will typically be the final decision-making body.

Am I eligible to use the UK divorce system?

If you live abroad, you can still apply for divorce in England but before a court can determine whether it has the authority to handle your divorce, your area of jurisdiction will need to be established. Requirements to ascertain jurisdiction include a number of criteria, for example, whether or not the Petitioner (the applicant) and the Respondent (the party receiving the application) have habitual residence in the UK.

Another measure is whether the Petitioner is domiciled in the UK and has lived there for six months or more ahead of making a divorce application. Other decisive factors exist when determining your domicile or habitual residence status, and in some cases, there can be some ambiguity. Travelling and moving home frequently can make your position less clear which is why it is important to seek the advice from international family lawyers from the start.

What is habitual residence?

Habitual residence is an indefinite term, not determined by one single factor. If you live your day-to-day life in a particular country, work there, school your children there, with the intention of residing there on a long-term basis, that is your habitual residence. The family courts will look at all the information provided to arrive at their view of your habitual residence. Other factors will include:

• Your residency status
• The family residence location
• Where you work
• Where your children are schooled
• Where you pay tax
• Where your bank is located
• Where your GP surgery or dental practice are

It’s often quite clear whether you have habitual residency at a certain location, but there can be instances where it is not due to frequent travelling, properties at different places and working from multiple locations. This is where you will need to provide details on your previous living arrangements and other travel and work schedules to your lawyer so they can advise you accordingly.

Determining domicile

Domicile is a UK law concept that also establishes jurisdiction. It refers to the country that you consider your true and permanent home, where you plan to remain or return to if you have left and where you have your closest ties. It should not be mistaken for your nationality or citizenship. You can only ever have one domicile at a time, this is either a ‘domicile of choice’ or a ‘domicile of origin’. If you want your divorce to be handed via the UK legal system, you will need to demonstrate that either one of you (the Petitioner or the Respondent) can rely on domicile or habitual residence.

Conclusion

Your own circumstances could mean there are a number of countries where you can apply for a divorce. However, laws differ greatly across the world, and the choice you make on where to apply could have huge implications for the speed at which it is concluded, the efficiency of the process and the financial outcome. If getting a divorce in the UK is the best option for you, and you have made the decision to apply, then it’s advisable to start the process as early as you can if you live abroad.