Specialist legal advice for British citizens living abroad with divorce, cross-border finances & child arrangements.
Living abroad or being married to someone from another country can make divorce feel even more complicated. Questions often arise such as: Where should I start proceedings? Will an overseas divorce be recognised here? Can I still use the English courts if I live abroad? Our specialist expat divorce solicitors are here to guide you through the process.
We provide clear, practical advice for British citizens living overseas, as well as foreign nationals based in England and Wales, and anyone with an international element to their marriage.
Call Us Now on FREEPHONE 0800 1404544 – or Email Us Now for Your FREE Specialist 30 Minutes Divorce and Family Law Advice.
Can I Divorce In England If I Live Abroad?
Yes, in many cases you can. Whether the courts in England and Wales have the power to deal with your divorce depends on jurisdiction. This is based on your connection to the country – for example, if you are domiciled here, or if you or your spouse are habitually resident here.
It is often possible to start divorce proceedings in England and Wales even if one of you is living overseas. Each case is different, so it is important to get legal advice quickly.
Expat Divorce – Why Jurisdiction Matters
When more than one country could deal with your divorce, the choice of jurisdiction can make a big difference to the outcome. This is sometimes called “forum shopping”.
- The financial settlement may be more generous in one country than another.
- Rules about pensions, property or maintenance may vary widely.
- Some countries have very different approaches to dividing assets.
Starting proceedings first can sometimes secure the jurisdiction that is most favourable to you. That is why early legal advice is so important for expat divorce cases.
Will England Recognise My Overseas Divorce?
Many foreign divorces are recognised in England and Wales if:
- They were obtained in the country where one or both spouses were living or domiciled, and
- The divorce process met the legal requirements of that country.
However, recognition is not automatic in every case.
For example, divorces granted in countries such as the United States, Canada, Australia, and EU member states are usually recognised in England and Wales, provided the divorce was obtained through the proper legal process in that country.
By contrast, divorces granted through religious procedures alone (such as certain Islamic “talaq” divorces carried out abroad without court involvement) or divorces from jurisdictions that do not meet basic standards of fairness may not be recognised here. In those cases, you could still be treated as legally married in England and unable to remarry, even if your marriage has been ended elsewhere.
Our solicitors can review your documents and advise you.
Financial Issues In Expat Divorce
Money and property can be more complex when international family law elements are involved. Common issues include:
- Overseas property – English courts can take foreign property into account when dividing assets, even if the property itself is abroad.
- Pensions – English pensions can usually be included in settlements even if you live overseas. Foreign pensions may also be considered.
- Maintenance – If ongoing spousal or child maintenance is needed, it may be possible to enforce English orders abroad, or to enforce foreign orders here.
Our expat divorce solicitors regularly deal with these kind of these kind of issues surrounding divorce and finance and can work with overseas lawyers where needed.
Children and Expat Divorce
International divorces often bring extra challenges when children are involved. Questions about where a child should live, how often they see each parent, and whether one parent can move abroad with them are understandably sensitive and emotionally charged.
In every case, the English courts place the welfare of the child above everything else. The law looks at what arrangement will best support the child’s stability, education, family relationships and overall wellbeing – not simply what either parent wants.
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Deciding where children should live
When parents separate and live in different countries, deciding where the children should live can be one of the hardest parts of an international divorce. If parents cannot agree, the court will decide based on what is in the child’s best interests. It will consider factors such as:
- Each parent’s ability to care for the child
- The child’s wishes and feelings (depending on age and understanding)
- Schooling, healthcare and support in each country
- The strength of family and social ties
- The impact of moving abroad on the child’s relationship with the other parent
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Relocating abroad with children after divorce
If you wish to move abroad with your children, you must have the other parent’s consent or a court order before leaving. Taking a child abroad without permission, even if you have parental responsibility, can be considered child abduction under English law.
If the other parent refuses consent, you can apply to the court for permission. The judge will consider the proposed move very carefully, weighing your reasons for relocating (for example, family support or work opportunities) against the likely impact on the child’s relationship with the other parent.
It is usually easier to obtain permission when the plans are well thought-out, practical and show how the child will maintain meaningful contact with the other parent – for example, through extended visits, online communication, or shared school holidays.
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Preventing an unauthorised move abroad
If you are worried that your ex-partner might take your children overseas without your consent, it is essential to act quickly. The court can make an urgent prohibited steps order to prevent a child being removed from the country, and can alert border authorities if necessary. Our solicitors are experienced in acting fast to protect children in these situations.
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International contact arrangements
Even when both parents live in different countries, the court encourages children to have regular, quality time with each parent whenever possible. Modern technology makes it easier to stay in touch through video calls, messaging and online learning platforms. We can help parents negotiate realistic arrangements that work across time zones and fit with the child’s schooling and daily routine.
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When a parent has already moved abroad
If one parent has already relocated and the other remains in England or Wales, it may still be possible to ask the English courts to make orders about the child’s care or contact, depending on where the child is “habitually resident.” These cases can involve complex rules about jurisdiction, and our solicitors can explain whether the English courts have the power to act.
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Children and Expat Divorce – how our solicitors can help you
Our family team regularly advises expats and international families on child arrangements, relocation, and cross-border disputes. We understand the emotional pressures involved and aim to help parents find practical, child-focused solutions that avoid unnecessary conflict.
We can:
- Advise you before moving abroad with your children or objecting to a proposed move
- Make urgent applications to stop unauthorised removals
- Negotiate contact and travel arrangements across countries
- Work with lawyers overseas where needed
- Represent you in court if a relocation or abduction issue arises
Our goal is to protect your children’s welfare while helping you reach arrangements that work for everyone involved.
How Our Expat Divorce Solicitors Can Help
Our role is to give you confidence and clarity in what can feel like a very confusing situation. We can:
- Advise on whether England and Wales is the right place to divorce
- Explain how jurisdiction works and help you act quickly if needed
- Guide you through recognition of foreign divorces
- Negotiate financial settlements involving international property and pensions
- Work with overseas lawyers where required
- Represent you in disputes over children and relocation
Can we mediate if we live in different countries?
Yes. Our online family mediation service is perfect for international couples. Meetings take place securely by Zoom or Teams video, so you and your ex-partner can take part from anywhere in the world. Time zones can usually be managed by arranging convenient session times for both sides.
Is online mediation legally binding?
Mediation itself is voluntary, and the mediator does not make decisions for you. However, once an agreement is reached, your solicitor can turn it into a legally binding consent order, approved by the court. This gives you the same legal protection as if the arrangements had been made through court proceedings.
What are the benefits of online mediation?
Online mediation can save significant time, cost and stress. It allows both parties to talk calmly and privately, with the help of a trained mediator, without having to travel. And our team includes a jointly trained family mediator/lawyer.
For expats or couples living in different countries, it’s an accessible way to reach fair, practical agreements about children, finances and future arrangements.
Click here to read more about how our online family mediation service could work for you
To arrange an online mediation session with one of our qualified family mediators, contact our family law team today – we’ll help you reach fair, practical agreements wherever you are in the world.
Expat Divorce – Why Choose Us?
- Clear advice – Our divorce solicitors will explain the law in simple terms so you always know where you stand.
- Practical solutions – We focus on reaching outcomes that protect your future, not on unnecessary conflict.
- Personal support – Divorce is stressful enough; we are here to make the legal side as smooth as possible.
- Our online family mediation service
- Our practical international experience – 1 of our family solicitors currently lives in Florida
Key Takeaway
If you are an expat, a foreign national living in England, or married abroad, divorce can raise extra challenges—but you do not have to face them alone. Our expat divorce solicitors can guide you through jurisdiction, recognition of overseas divorces, finances, and children matters to achieve the best outcome for you.
