Over recent years, the UK has become known as the ‘divorce capital of the world’; with couples from abroad who are now living in the UK turning to our courts and legal systems for their divorce proceedings.
Equally, as the population has become more and more mobile over recent years, UK citizens now living or working abroad, will often seek the expertise of an international family law solicitor in the UK should they face divorce or separation.
Facing divorce is one of the most stressful and difficult times in a person’s life; and where there are international elements, these feelings can be intensified. Our divorce solicitors have represented numerous clients whose circumstances involve international elements, including those who live, were married or have assets in another country. Our experience allows us to handle the divorce process with efficiency, taking away the need for any additional stress.
Types of International / Expat Divorce
We regularly assist clients who:
- are originally from England / Wales and have since moved to another country
- were married abroad an now live in England / Wales
- left England / Wales for a significant period and have recently returned
- are based in England / Wales and have a spouse living abroad
- have assets or interests abroad
- are themselves considering living abroad
- have a spouse considering living abroad
Due to the different divorce laws in other countries, there is often a need to act quickly where one of the parties lives abroad – there is often a ‘race’ to issue divorce proceedings in one country or the other. Our international divorce lawyers are able to act swiftly, increasing the likelihood of your divorce proceeding in the UK courts.
In addition, our solicitors can assist in child cases where children have been taken to live abroad.
Eligibility for Divorce in England / 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.
There are two criteria the court will consider in assessing your eligibility for divorce in England and Wales:
- where you are habitually resident ie. where you are based the majority 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. In establishing a connection to the English legal system, the court will take into account:
- where you were born
- where you are living
- where you intend to live
At Farleys we understand that going through a divorce can be an upsetting experience and our solicitors will put you at ease by advising you at every stage of the process. The wealth of expertise our team have in handling cross-border divorce allows us to undertake matters as swiftly as possible, minimising the impact of the stress involved in the process.