Types of international and expat divorce
There are many scenarios that benefit from legal advice and support when it comes to international and cross-border divorces. We regularly assist people who:
- Are originally from England or Wales and have since moved to another country.
- Were married abroad and now live in England or Wales.
- Left England or Wales for a significant amount of time and have recently returned.
- Are based in England or Wales and have a spouse living abroad.
- Have assets or interests in another country.
- Are considering living abroad.
- Have a spouse who is considering living abroad.
Divorce laws can differ from country to country, so often there is a need to act quickly if one of the parties lives abroad. Sometimes, there is a ‘race’ to issue the divorce proceedings in one country or the other, which can cause stress. Our solicitors can act quickly and efficiently, increasing the likelihood of your divorce proceeding in an English or Welsh Court.
Eligibility for divorce in England and Wales
Whatever stage you’re at, whether you feel ready to file for divorce or you still have a few questions, it’s important to know the exact eligibility for divorce in England and Wales.
There are potential advantages of petitioning for divorce in the English courts, as the process can often be cheaper and more effective than in other countries.
If you’re looking to divorce in England or Wales, there are two criteria that the Court will consider when assessing your eligibility:
- Where you are habitually resident, i.e. where you live most of the time.
- Where you are domiciled.
For the purposes of the law, where you are domiciled governs the connection you may have to a particular legal system. When establishing a connection to the English legal system, the Court will consider:
- Where you were born.
- Where you are living now.
- Where you intend to live in the future.
Divorce can be a difficult time to navigate but you don’t have to do it alone. Our solicitors are here to assist you with any queries you may have. Be assured, we’ll always handle your case with sensitivity and expertise.
Financial settlements and international divorce
When it comes to a divorce that involves more than one country, you have to think about any finances, including assets and property that are also abroad, and how these will be divided.
Assets include overseas properties, foreign bank accounts and pensions. Different countries will have different rules on how these should be divided which is why it’s vital to have advice from a specialist.
As with all divorce proceedings, the Court will look at several different factors when deciding on division of assets, such as the length of your marriage, the financial needs of both parties, earning capacity and contributions made. This is another reason why divorcing in the English/Welsh courts can be beneficial – they will look at a range of factors and your specific circumstances, rather than just splitting assets down the middle.
If your divorce is finalised in another country, you may still be able to apply to the English/Welsh courts in certain cases in order to secure a financial settlement. It can be complex, so it’s worth getting advice from a qualified solicitor, as the laws of the country in question will play a big part in whether a financial settlement is possible.
Our solicitors are able to help you through this process and offer advice and support when you need it.
Children and international divorce
Another crucially important aspect to think about when going through any divorce is the wellbeing of any children involved. We know that your child’s needs will be at the top of your priority list.
International divorces can unfortunately bring added complexities when it comes to child arrangements. If you or your partner wants to move abroad with your child, it’s essential to seek legal advice. The parent who is planning to relocate will need consent from the other parent or permission from a Court before taking a child abroad permanently. If they don’t obtain this consent or permission, it can be classed as ‘wrongful removal’.
Leading on from this, if your child has already been taken, you must act now. Our solicitors can help protect your child’s best interests and there are international legal structures that help in these situations, so while we understand it is an extremely stressful situation to be in, you need to act quickly.
Farleys can help with any legal support you need, including putting any Child Arrangement Orders in place that work internationally, which should give you and your family some peace of mind.
Why choose Farleys for your international or cross-border divorce
We’re recognised by The Legal 500 and Chambers & Partners, reflecting the work we do with our clients and our family law team has over 200 years of experience collectively, so your case will be handled with care and efficiency. Our solicitors will take the time to understand you and your family so that they can provide the best possible support and advice that is truly tailored to your circumstances.
Not only do we have the resources to help, but we also want to help. Your interests are at the forefront of everything we do. By offering tailored advice, we aim to get you back on track with your everyday life.
