- Where can you legally file for divorce?
- Which country’s laws apply to your finances?
- What happens to the children?
- How do you ensure any agreements reached are enforceable across borders?
This guide from our international divorce solicitors explores what happens when a divorce involves more than one country and outlines the key considerations for anyone going through an international divorce involving the UK.
What is international divorce?
International divorce is when a marriage or divorce involves more than one country in some way. This applies to international civil partnerships as well.
A standard UK divorce would involve two parties from the UK, who were married or formed a civil partnership in the UK and are getting a divorce or dissolving a civil partnership in the UK. International divorce means that any of those situations involves different countries from the UK.
International divorce can contain elements such as:
- Nationality: One or both spouses were not born in the UK or have dual nationality
- Residence: One or both spouses lived overseas during the marriage (habitual residence)
- Domicile: One or both spouses have a permeant legal home in a different country
- Place of marriage: The marriage or civil partnership took place overseas
- Children: Children reside abroad or have lived abroad during the marriage
- Location of assets: There are joint international assets, such as businesses or savings accounts
These can all affect the jurisdiction in which the divorce can be processed, how child arrangements are handled, and how things will proceed with financial settlements.
How does international divorce affect jurisdiction?
Jurisdiction refers to which country’s courts have the legal authority to deal with your case. This includes the legal matter of dissolving the marriage as well as ruling on any child arrangements orders or financial settlements.
It is important to establish this first, as different countries can have different laws, which can significantly affect your financial outcome.
Many jurisdictions operate on a ‘first past the post’ system, where the court the divorce is filed at first usually hears the case. This sometimes leads to a ‘jurisdiction race,’ if you live in different countries, to file in the most favourable jurisdiction to your situation.
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. Some may go as far as taking residence in a country with more favourable laws, this is known as divorce tourism.
However, just because a divorce is filed in a certain region, it doesn’t mean that they will have jurisdiction. In England and Wales, a divorce can usually proceed if either spouse is habitually resident or domiciled in the UK. This is similar across most regions.
- 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
If facing an international divorce, thinking strategically about jurisdiction can help you. Identifying all the countries where you have a valid legal connection will allow you to decide where it’s possible to begin your divorce. These can be:
- Where you were married
- Where you own property
- Where you or your spouse holds citizenship
Hear what one of our experts has to say
Zanariah Webster, Senior Associate at our family law office in Canary Wharf, says:
“Before deciding which jurisdiction should deal with the divorce, one should seek advice from a lawyer in each jurisdiction to ascertain which one is favourable.
“The advice should not be limited to the divorce but extended to cover financial and child arrangements.”
How does international divorce affect child arrangements?
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.
How does international divorce affect financial settlements?
The financial aspect of divorce is often complicated when international elements are involved, and it often increases the cost of a divorce.
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.
How did Brexit change how international divorce works?
Brexit ended the EU rules that once governed cross-border divorce in the UK. Since 1 January 2021, England and Wales no longer follow the EU ‘first to file’ rule, and a UK divorce is no longer automatically recognised across the EU. If you’re divorcing a partner with ties to an EU country, the rules may feel more uncertain than they once did.
Before Brexit, an EU regulation known as Brussels IIa meant a divorce granted in one member state was automatically recognised across the others. That regulation no longer applies to divorces started in the UK, and the automatic recognition it offered has fallen away. This means that:
1) English and Welsh courts apply a principle called forum non conveniens, which means they can dismiss a divorce if they don’t think it’s suitable to be heard in this jurisdiction, or if one party can argue a stronger case for another jurisdiction.
2) A UK divorce may not automatically be recognised in an EU country, depending on the law of that country where your spouse lives or holds assets. You may need to take additional legal steps to ensure your divorce is recognised abroad.
These issues are better dealt with sooner rather than later, by seeking specialist legal advice from a lawyer with expertise in international cases.
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 of divorce 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.
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Originally written May 2025
