Divorce is rarely straightforward. When international borders, legal systems, and time zones are added to the mix, the process becomes significantly more complex.
If you or your spouse are living in a different country, you may be facing a number of questions that feel overwhelming.
Where can you legally file for divorce?
Which country’s laws apply to your finances?
What happens to the children?
And how do you ensure any agreements reached are enforceable across borders?
This guide explores what happens when a divorce involves more than one country and outlines the key considerations for anyone going through an international separation involving the UK.
Establishing jurisdiction: Where should you file?
The first and most important question in any international divorce is which country’s courts have the legal authority to deal with your case, referred to as jurisdiction
In England and Wales, a divorce can usually proceed if either spouse is habitually resident or domiciled in the UK.
Habitual residence is where a person lives on a settled basis.
Domicile is often interpreted as a person’s long-term or permanent home, regardless of where they currently live.
Jurisdiction can become a contested issue if both spouses are eligible to start proceedings in different countries. This is where ex-spouses might begin ‘forum shopping’ to identify the country that offers the most favourable financial or legal outcome.
Generally, the court that receives the application first will take precedence, which makes timing a crucial factor in cross-border cases. Taking legal advice early on from a divorce lawyer can make a significant difference in securing a fair and appropriate forum for your divorce.
Brexit and the changing legal landscape
Before the UK left the European Union, EU-wide regulations allowed for relatively seamless recognition of divorce proceedings, judgments, and court orders between member states. Post-Brexit, that framework no longer applies. Divorce cases between UK and EU nationals now fall under each country’s individual legal system, and automatic mutual recognition of court decisions is no longer guaranteed.
Now, UK courts rely on domestic rules and international conventions, such as the Hague Conventions, to manage cross-border divorce issues. While many European countries are still signatories to these conventions, the process for recognising and enforcing UK court orders abroad may take longer and involve additional legal steps. This can be particularly relevant for financial orders or arrangements involving children. While the protections are still there, they require more careful navigation and, in many cases, collaboration with foreign legal experts.
Managing child arrangements across borders
One of the most emotionally charged aspects of international divorce involves arrangements for children. Questions of where the children will live, how often they will see each parent, and whether one parent can relocate abroad with them, require sensitive handling and clear legal guidance.
UK law is clear that a parent cannot remove a child from the country without either the consent of the other parent or the permission of the court. Failure to comply with the law can be considered child abduction. This applies even if the parent planning the move is the child’s primary carer. If relocation is being considered, the parent will need to apply for a Specific Issue Order from the court, which will assess the child’s welfare as the paramount concern.
When a child is to live primarily in one country but have contact with a parent in another, a formal Child Arrangements Order can help clarify expectations. It is also advisable in some cases to apply for a ‘mirror order’ in the other country to ensure the UK court’s decision is enforceable and respected abroad.
Dealing with finances and overseas assets
The financial aspect of divorce is often complicated when international elements are involved. All assets, regardless of where they are located, must be disclosed during divorce proceedings in the UK. If one party suspects that the other is hiding assets overseas, it may be necessary to seek a court order for disclosure or engage forensic accountants. Once all assets are disclosed, they must be accurately valued, sometimes with the assistance of local professionals in the relevant country.
The division of international assets raises further challenges. For example, a UK court may order the sale or transfer of a home in Spain, but such an order will need to be recognised and enforced through the Spanish legal system. This often requires separate legal representation in that jurisdiction and an understanding of foreign property laws and tax implications. Similarly, pensions accrued abroad may be subject to different rules and could complicate any attempts to share or offset them in a financial settlement.
Why specialist advice is essential
International divorce cases require a nuanced understanding of both UK law and how it interacts with foreign legal systems. Without specialist advice, individuals may find themselves facing delays, unfavourable outcomes, or even losing the ability to have their case heard in their preferred jurisdiction.
A solicitor experienced in international family law can help navigate issues such as jurisdiction disputes, asset tracing, enforcement of foreign orders, and the creation of cross-border parenting plans. At Stowe family Law, we regularly work with clients who are based abroad or whose spouses live overseas. We offer virtual consultations, flexible document-sharing options, and close collaboration with legal professionals in other countries when needed.
Taking the first step
Whether you are beginning the process or simply seeking clarity on where you stand, our team is here to help. We offer confidential advice tailored to your circumstances and will guide you through the legal, practical, and emotional dimensions of cross-border divorce.
To speak to a solicitor or arrange an initial consultation, contact us today.
