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International divorce
International divorce occurs when a couple who are divorcing or separating have a connection to more than one country. For example, divorcing couples may have relocated from the UK and are now living abroad, they may live in different countries to their ex-partner, or their ex-partner may have a different nationality.
read moreDivorce law varies from country to country, so the outcome of an international divorce is impacted by the country in which proceedings are issued. International divorce can be complex, so seeking professional advice from an international divorce lawyer will help you to consider all your options and establish how to best meet yours and your family’s interests.
Key divorce information
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How much does a divorce cost? |
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How long does a divorce take? |
On average, between 6 and 8 months. |
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Are pensions included in a divorce? |
Yes, it’s important to include any pensions when submitting financial information. |
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Am I eligible for a fixed-fee divorce? |
Fixed-fee divorces are only suitable when there are no financial or child arrangements to resolve. Complex cases would not be eligible for this model. |
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Do I need to go to court? |
You’ll only need to go to court if you’re unable to reach an agreement through other methods such as mediation and arbitration. Over 80% of our cases are settled out of court. |
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International divorce and finances
Tax and pensions matters can be complex in any divorce. However, there are specific factors to consider for international divorces which vary from country to country.
In England and Wales, the divorce process is separate from the financial settlement. While it’s not recommended, this means that you can be divorced without having achieved a financial settlement.
However, the divorce process can be different in other jurisdictions, and it may not be possible to conclude your divorce without the financial matters being resolved at the same time.
Meet our expert international divorce solicitors
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International divorce and jurisdiction
When beginning an International Divorce process, it’s important to consider which country the court proceedings will be issued. This is also known as jurisdiction.
What is jurisdiction?
Put simply, jurisdiction is the country in which court proceedings relating to your divorce, finances and child matters will be dealt with.
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How is jurisdiction determined?
If your divorce has an international element, it is likely that you could divorce in more than one jurisdiction. However, it can be more complex than simply choosing the country in which you feel the outcome will suit you best. You must have a valid connection to the country you want to divorce in. For example:
- Habitual residence – The country that you live in regularly or are living in
- Domicile – The country which is your permanent home
- Nationality – where you are a national of that country
- Where the marriage took place – the country you were married in.
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Why choose Stowe Family Law?
As the only national law firm fully dedicated to family matters, our expert team offers professional advice so you can make a fully informed decision about your divorce.
We are proud to be rated ‘Excellent’ on Trustpilot. Check out our reviews to see what our previous clients have said about our service.
We feature in The Legal 500 rankings and are fully authorised and regulated by the Solicitors Regulation Authority (SRA).
We keep you informed. Take a look at our support section, which features a range of helpful guides, focusing on important topics including finances and mediation.
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I moved with Amy when she went to Stowe Family Law. She helped me navigate a difficult journey in a professional and caring manner. I felt safe and always knew she had my best interests at heart. Her advice was always on point, especially the times I could have easily let my emotions take over. I would most definitely recommend her.Let's ask Legal 500
Having trained as a barrister, Sebastian Burrows is able to conduct his own advocacy and does so very successfully and persuasively. Seb has built up a strong reputation in matrimonial finance matters, particularly when it comes to dividing pensions, litigating city bonuses and achieving top-class results in dividing property portfolios. His case a… Read morenalysis is clear and his instructions succinct and to the point. His natural affable charm is the icing on the cake of his considerable legal and practical knowledge. He is very able – a gifted litigator and strategist.Let's ask Anon
After researching all week online reviews to find a solicitor who specialised in cohabitation separation and Tolata law, I was overjoyed to make a call to Stowe family law solicitor from the first call I was immediately impressed with the team. The lady who took my initial call was so kind calm professional and understanding. I was linked to Nicol… Read moree Turner who guided me through the system helping me to consider all possible outcomes, costs, and timings in a very compassionate manner. My overall experience has made me feel supported through what has been the most horrendous time of my lifeLet's ask Mrs B
Mira is professional, personable and will guide you through any matrimonial process with ease with her expert legal knowledge. She is efficient, focused with a no fuss approach. You will feel confident in Mira’s professionalism.Let's ask Anon
I would 100% recommend Tamara she’s a wonderful woman who’s kind, polite, friendly and always makes sure she will do her best for you 100% I have no doubt about that. After a few months I’ve had time to have my daughter sleep over at my house every other weekend for 2 nights got to spend Christmas Day with her for the first time and New Year�… Read more��s Eve and day with her too and looking at holidays for the future and I couldn’t be happier to be able to do this so I want to say a massive thank you to the wonderful Tamara Adam’s!Let's ask Anon
To Liza, you did an absolutely fantastic job and we just wanted to extend our sincerest thanks for all your efforts.Let's ask Anon
Thank you Chelcie. I am honestly so thankful and grateful to you for listening to me & giving me a voice in all of this. I’ve felt so unheard for so long.Common questions on international divorce
Common questions on international divorce
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International divorce and financial settlements
A divorce financial settlement is the process of dividing your assets and liabilities. It is designed to resolve any financial issues and fairly separate your assets to ensure that both parties have financial security and certainty going forwards. The same process applies to an international divorce where it is equally important that matters are resolved or there is a risk that claims can be brought in the future.
It is legally possible to come to such an agreement with your partner without the assistance of divorce law solicitors. However, this is particularly unwise in the event of international and high net worth divorces, which are particularly complex.
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Capital Gains Tax and International Divorce
Transfers of assets between spouses or civil partners do not usually give rise to a Capital Gains Tax (CGT) charge. However, this rule only applies to spouses or civil partners that are living together at some point during the tax year.
In relation to the family home, if that property has been the couple’s main residence throughout ownership, any gains arising from its sale are exempt from CGT. However, where one spouse moves out of the matrimonial home and buys or rents a new property then relief will usually only be available on their share of the gain for 9 months from when they moved out. This can be extended in some circumstances.
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Inheritance and international divorce
Transfers between spouses are exempt from Inheritance Tax (IHT), and this continues throughout the period of separation up until the final order.
Where one spouse is not resident in the UK, the maximum that can be transferred free of inheritance tax is £325,000.
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Pensions and International Divorce
In relation to pensions, if you’re an international couple, the situation can become more complicated as for example, the US authorities treat post-tax split of pensions differently to the UK.
In the UK, courts deal with pension arrangements via pension sharing, pension offsetting or a pension attachment order.
At Stowe, we will assess your personal circumstances and tailor our international divorce advice to meet your exact requirements and jurisdiction.
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Contact Stowe’s International Divorce Lawyers
At Stowe, our divorce solicitors have decades of experience between them working on international divorce cases and we know that each case is unique. With close to 50 offices nationwide, Stowe have a dedicated team of international divorce lawyers local to you.
Call us at 0330 404 2031 or request a free call back on a date and at a time of your choice.
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