Navigating International Divorce in the UK | Key Legal Considerations

Navigating International Divorce in the UK: Key Considerations

Divorces in the UK involving couples with international ties require careful legal consideration to ensure a fair outcome for both parties. For any divorce with an international element, your divorce Solicitor should take into account a range of factors, including whether your marriage is recognised in the UK, the location of important assets, and whether divorce proceedings have already commenced in another country. In this article, we will consider the key considerations for international divorces in the UK.

Can I divorce in the UK?

One of the key questions frequently asked by separating couples with international interests is where to divorce. An international divorce may be one where the couple live in another country and/or they have assets such as property and businesses in other legal jurisdictions. To get divorced in England or Wales, the following must all be true:
• You must have been married for over a year
• Your relationship must have permanently broken down, and
• Your marriage must be legally recognised in the UK

Remember, the question of where a couple initiates divorce proceedings is different from that of where to reach a divorce financial settlement. Under Part III of the Matrimonial and Family Proceedings Act 1984 (MFPA 1984), a couple who have divorced in another country can still seek a divorce financial settlement through the courts in England and Wales as long as their divorce is recognised here and they have not remarried. In addition, they will require permission from the court before applying.

Can I get divorced in England or Wales if I live abroad?
You can get divorced here, but whether the courts agree to consider your application will depend on your connections to England or Wales. You may be able to demonstrate your connection to England or Wales if one of the following is true:

• You are both considered domiciled in England and Wales.
• The Respondent has their main home and place of settled residence in England or Wales.
• The Applicant usually lives in England or Wales and has done so for at least one year immediately before applying for the divorce.
• The Applicant is domiciled in England or Wales and has lived here for at least six months immediately before applying for the divorce, or
• You and your spouse last lived together in England or Wales, and at least one of you still lives here.

If you are unsure whether you can divorce in England or Wales, or whether you should consider applying for a divorce in another country, we recommend speaking to a divorce lawyer who can advise you based on your individual circumstances.

How are international assets handled in divorce financial proceedings?

If you choose to have your divorce financial settlement decided in England or Wales, the courts will consider your international assets to be part of the same matrimonial ‘pot’ as all of your domestic assets. Just because property is located in another country does not mean it can be excluded. International assets may include:
• Second homes
• Investments
• Trusts
• Businesses
• Expensive assets such as boats, luxury vehicles, jewellery etc.

A key issue that arises when it comes to property (e.g. businesses, houses, cars etc) in other countries is that it may take longer to secure an accurate valuation and collate the necessary paperwork (e.g. it may be necessary to arrange a translation of ownership documents). Your divorce law Solicitor can arrange for a valuation of any overseas assets by instructing an independent valuer in that jurisdiction.

What if my partner is trying to hide some of our overseas marital assets?

One concern that often arises when it comes to divorce settlements in the UK involving internationally located assets is the potential for those assets to be ‘hidden’ by one of the divorcing parties. It is important to remember that under the law in the UK, parties going through divorce financial settlement proceedings must provide full disclosure of their financial assets no matter where they are located. Failure to do so is considered contempt of court and can lead to serious consequences and a less favourable outcome for the party attempting to deceive the other. If you are concerned that your former partner is hiding overseas assets to deliberately deny you a fair financial settlement, inform your UK divorce lawyer immediately.

They can instruct a forensic accountant to gather the necessary evidence and request that the assets in question be frozen to prevent them from being disposed of. It is possible to freeze assets even if they are located in another country.

Final words
Divorces involving marital assets located in another country can be more complex, especially if it is necessary to enforce a divorce financial settlement order issued in England or Wales. If you have international marital assets and you choose to finalise your divorce settlement in the UK, it is important to instruct a Solicitor with experience in international divorces who can ensure that your court order is enforceable overseas.



This may include instructing legal representation in that country to put in place any necessary measures to ensure your interests are protected.

For a free consultation regarding your international divorce in the UK, please call us on 0208 300 6666.