As long as some eligibility criteria are satisfied, it is possible for an international couple to obtain a divorce here, and there are many benefits to getting an international divorce in the UK.
In this article we will go through what the eligibility criteria are and what factors can impact the settlement parties can obtain in an international divorce of this nature.
One of the most complex aspects of this process is understanding and applying the differences in laws, procedures and requirements regarding all aspects of family law, which is why instructing a solicitor who is experienced in this area is vital.
Eligibility for an international couple obtaining a divorce in England and Wales
You are eligible to pursue a divorce in England and Wales if you meet any of the following:
- Both parties to the marriage/civil partners are habitually resident in England and Wales
- Both parties to the marriage/civil partners are habitually resident in England and Wales
- The respondent is habitually resident in England and Wales;
- The applicant is habitually resident in England and Wales and has resided there for at least one year immediately before the application was made;
- The applicant is domiciled and habitually resident in England and Wales and has resided there for at least six months immediately before the application was made;
- Both parties to the marriage/civil partners are domiciled in England and Wales.
Even if one of you resides outside of England or Wales, there are procedures in place to enable divorce proceedings to progress. There are also some similar and some slightly different factors that impact the financial settlement you will get out of your divorce.
Factors impacting the divorce financial settlement
Some of these are the same as those listed above, and include:
- Habitual residence
- Domicile
- Nationality
- Where your assets are located
- Where your marriage took place
Therefore if you want to ensure a good outcome for your international divorce, it is imperative to seek legal advice on your prospects for divorcing in England and Wales, and to then proceed with your petition for divorce.
