London has a reputation for being ‘the divorce capital of the world’. This means that it is often the preferred destination of people who look to get more favourable divorce settlements than they may get in their home jurisdiction – also known as divorce tourism. But what really is divorce tourism? Can you actually get divorced anywhere in the world? And why do people choose London?
What is divorce tourism?
Divorce tourism is the term applied to the process of travelling to a different country to either get divorced, or to seek financial relief for a divorce that’s been finalised in another country. Every country has different divorce laws, and often these can impact the settlement that individuals get when they separate. The English and Welsh divorce laws are perceived in many parts of the world to be particularly favourable to the weaker financial party.
However, it’s not enough to simply dislike you home jurisdiction – you must have a legitimate link to the country you are travelling to or be willing to make that country your home for a set period of time. Seeking a divorce or financial provision abroad is not automatic, and it is not necessarily a straightforward process either.
Getting divorced in England and Wales
To get divorced in England and Wales, you need to have a sufficient connection to this jurisdiction. These apply whether you’re completing the divorce process in this country, or whether you have divorced abroad and are seeking financial provision. Your link to England/Wales will be based on at least one of several criteria, including:
- Your habitual residence – the place you live with continuity, or live and have an intention to settle
- Where you own property
- Your country of domicile – usually where you were born; your official, permanent home
- Your visa status
The terms habitual residence and domicile can be confusing, and there are sub-criteria applied to these. It’s best to check your status and speak to a family lawyer to discern whether you will be eligible to divorce in England.
If you are applying for financial provision as a result of an unsatisfactory settlement abroad, this can be done under Part III of the Matrimonial and Family Proceedings Act 1984. This section states that either party can apply to the Family Court for financial relief where the marriage has been dissolved, or the couple have been legally separated overseas. However, the Court must grant permission for the application to be made – so it is (at least) a two-step process.
Why is London the divorce capital of the world?
London has long been considered the divorce capital of the world. It’s the city where many wealthy couples choose to enact their divorce proceedings or seek financial provision. There are a few key reasons for this.
Financial benefits
The way the divorce laws in England and Wales work mean that financial and non-financial contributions are treated equally. This means that if one spouse has been the primary homemaker, looking after the family home and any children, they are legally treated the same as the spouse who raised income. The financially weaker party at the point of divorce will therefore not be worse off as a result – fairness is the primary objective in divorce law in England.
There is also a legal requirement to provide ‘full and frank’ financial disclosure in this jurisdiction. This is not always the case in other countries, and therefore there is not always a clear picture of each person’s finances, and the joint matrimonial pot. In England and Wales, it is standard practice at the beginning of financial negotiations to fully present all the assets. This can flag any issues in the early stages.
Prenups and postnups
In some countries nuptial agreements (prenups and postnups) are legally binding. Whilst they are more popular in England than ever before, they are not guaranteed to be enforced. This can be encouraging for divorce tourists who have an unfair nuptial agreement, as English courts may disregard the terms of the agreement if they deem it unfair.
No-fault divorce
Since April 2022, England and Wales have used the no-fault divorce model. This means that there is no blame attached to either spouse for the breakdown of the marriage, and in many cases helps to encourage more amicable proceedings.
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