Specialist Divorce and Family Lawyers
Family life is increasingly international. Many couples marry abroad, live in more than one country, or move overseas for work. When relationships break down, this can make matters far more complicated. Questions quickly arise such as:
• Can I divorce in England if I married abroad?
• Will the English courts recognise a divorce I obtained overseas?
• What if my spouse lives abroad but I am based here?
• How are assets and pensions divided if they are overseas?
• Can I move abroad with my children after divorce?
Our team of family law solicitors has wide experience handling divorce and family disputes that involve more than one country. We provide clear, practical advice to help you make confident decisions about your future.
Worried about overseas marriage or divorce? Call our specialist solicitors on FREEPHONE 0800 1404544 for 30 minutes FREE initial advice on any aspect of UK divorce law – no strings attached.
Click here to read more about how our divorce and family law solicitors can help you
Divorce if you were married abroad
One of the most common questions is whether you can divorce in England and Wales if your marriage took place overseas. The answer is usually yes.
As long as your marriage was legally valid in the country where it took place, and you or your spouse have a sufficient connection to England and Wales (for example, by living here or being domiciled here), you can apply for a divorce through the English courts.
The main practical issue is paperwork. You will need to provide your marriage certificate, and if it is in another language, a certified translation will be required. Once that is provided, the divorce process itself follows the same rules as any other divorce here.
Married in England, spouse overseas
Another frequent scenario is when the couple married in England but one spouse has since moved abroad. If you are living in England or Wales, you can usually still apply for divorce here even if your husband or wife is overseas.
The process will involve serving divorce papers abroad, but this is a routine part of international family law. Our solicitors can handle the service process to make sure everything is done correctly, avoiding unnecessary delays.
Divorce for expats living overseas
If you are a British expat living abroad, you may still be able to use the English courts for your divorce. The key is whether you or your spouse are considered domiciled in England and Wales, or habitually resident here.
This is particularly important if more than one country could deal with your divorce. Choosing the right country to start proceedings can have a huge effect on the financial outcome. For example, English courts often take a more generous approach to spousal maintenance and pension sharing than some other countries. Acting quickly can be crucial, as the first court to issue proceedings usually keeps control of the case.
Our expat divorce solicitors can advise you on whether you can start proceedings in England and whether it is in your best interests to do so.
Divorce with overseas property or assets
Many international divorces involve property or assets outside England and Wales. These may include:
- Family homes abroad
- Holiday villas or investment properties
- Overseas bank accounts or investments
- Foreign pension schemes
The English courts have the power to take these assets into account when deciding a fair financial settlement. That means a property in Spain, a pension in Dubai or savings in the US can all form part of the division of assets here.
In practice, enforcing an English order against overseas assets sometimes requires cooperation from courts in that country. Our family solicitors are experienced in working with lawyers abroad to achieve practical solutions.
Is a foreign divorce recognised in England and Wales?
If you obtained a divorce overseas, the key question is whether it will be recognised here. Recognition is important because if your divorce is not valid in England and Wales, you may still be treated as married – affecting financial rights and even preventing you from remarrying.
A foreign divorce is usually recognised in England and Wales if:
- It was granted by a court or competent authority in the country where either you or your spouse lived or were domiciled at the time.
- It followed the proper legal process in that country.
Examples where recognition is common: divorces granted in countries like the United States, Canada, Australia, or EU member states, provided the legal process was followed.
Examples where problems may arise: divorces obtained purely through religious procedures, such as some Islamic talaq divorces abroad where no court was involved. If the process did not meet basic legal standards of notice and fairness, English courts may refuse to recognise it.
If you are unsure whether your overseas divorce is valid here, our solicitors can review your documents and advise you on next steps.
Do I need to register my foreign divorce in the UK?
There is no central register where you must record a foreign divorce in England and Wales. However, you may need to prove the divorce to official bodies (for example, when remarrying or dealing with pensions).
To do this, you will usually need:
- The original divorce decree or order
- A certified translation if it is not in English
- We can help ensure your documents are in the right format and accepted by the relevant authorities.
International child law issues
When parents live in different countries, issues about children become particularly sensitive.
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Taking children abroad after divorce
If you want to take your children abroad after separation or divorce, even for a holiday, you need the permission of the other parent if they also have parental responsibility. For trips of longer than a month, or for permanent relocation, permission is essential. If your ex-partner refuses, you will need to apply to the court for permission.
The court will always put the welfare of the children first, considering factors like schooling, family connections, and the importance of maintaining a relationship with both parents.
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Child abduction
If a parent takes children abroad without permission or a court order, this may be considered child abduction. In urgent cases, the court can order the return of the children and take steps to prevent them from being taken out of the country again.
International child abduction cases are highly complex. We can act quickly to protect your children’s interests, either by preventing an unlawful removal or by seeking their return.
Choosing the right country for divorce
If more than one country could deal with your divorce, the choice of jurisdiction can make a big difference. Things to consider include:
- The grounds for divorce in that country
- How assets and pensions are divided
- Whether spousal maintenance is awarded and for how long
- How children matters are dealt with
- How long the process takes and what it costs
- Whether court orders can be enforced internationally
This is why getting legal advice quickly is so important. Once divorce proceedings have started in one country, it may not be possible to switch to another even if it would have been more favourable.
Our approach as international family law solicitors
International family law can be complex, but our approach is simple: clear advice, careful planning, and practical solutions. We can help by:
- Checking if you can divorce in England and Wales
- Advising whether you might have a choice of countries and which may be best for you
- Ensuring overseas assets and pensions are properly valued and taken into account
- Working with family lawyers abroad to enforce English orders overseas
- Advising on recognition of foreign marriages and divorces
- Helping parents with relocation, holiday contact abroad, or preventing child abduction
Why choose our Solicitors?
- Specialist knowledge – we have dealt with many international divorce and family law cases, from expats to complex cross-border disputes.
- Clear explanations – we speak in plain English, not legal jargon.
- Personal service – we know how stressful divorce is, especially with an international element, and we are here to support you at every stage.
- Strong results – our focus is on protecting your future and achieving a fair, workable solution.
- The availability of online family mediation using Zoom or Teams video with our jointly qualified mediator/family lawyer
Click here to read more about how Online Family Mediation could help you
Key takeaway
International family law cases bring extra challenges – but with the right advice, you can navigate them confidently. Whether you were married abroad, are an expat, or face issues with overseas assets or children, our international family law solicitors are here to help you find the best way forward.
