International Divorce Solicitors London

What is an International Divorce?

An international divorce may refer to a divorce that has connections to more than one country – for example, because the parties are of different nationalities, because they have lived in different countries during the marriage, or because their assets are located in more than one jurisdiction. In England and Wales, a divorce can be pursued if one of the parties satisfies the jurisdictional criteria which are (a) you are both habitually resident in England and Wales; (b) you were both last habitually resident in England and Wales and one of you continues to reside here (c) the respondent is habitually resident in England and Wales; (d) the applicant is habitually resident in England and Wales and has resided there for at least one year before the divorce application was made; (e) the applicant is domiciled and habitually resident in England and Wales and has resided there for at least six months before the application is made (f) both spouses are domiciled in England and Wales or (g) either spouse is domiciled in England and Wales. The country where a marriage was celebrated does not determine where the divorce takes place.

Jurisdiction: Where Should You Divorce?

The choice of jurisdiction can be a highly important decision in an international divorce. Different jurisdictions apply different principles to financial settlement and to which assets may be included for division. It may be highly preferable for a party to be divorced in one country over another, and the identification of the most favourable jurisdiction should be considered at an early stage. For this reason, cases involving parties who are connected to more than one country may be time sensitive ‘with each spouse seeking to secure their preferred jurisdiction before the other.

In England and Wales, the courts will have jurisdiction to hear divorce proceedings if the parties are able to satisfy one of the relevant criteria: (a) you are both habitually resident in England and Wales; (b) you were both last habitually resident in England and Wales and one of you continues to reside here (c) the respondent is habitually resident in England and Wales; (d) the applicant is habitually resident in England and Wales and has resided there for at least one year before the divorce application was made; (e) the applicant is domiciled and habitually resident in England and Wales and has resided there for at least six months before the application is made (f) both spouses are domiciled in England and Wales or (g) either spouse is domiciled in England and Wales.

Post-Brexit, the rules governing competing proceedings between England and Wales and EU member states have changed. Prior to 31 December 2020, Brussels IIa required English courts to stay proceedings in favour of an EU court first seized. That automatic rule no longer applies from the English perspective and; the English court’s power to stay proceedings in favour of a foreign court is now discretionary, as it always was in relation to non-EU countries.

Financial Relief After an Overseas Divorce (Part III)

A divorce obtained overseas will generally be recognised in England and Wales if it was obtained in accordance with the law of the country where it was granted. However, recognition of the divorce itself does not mean that the financial settlement accompanying it will be recognised or enforced here. Where an overseas divorce has been finalised but has left one party without a fair financial settlement, it may be possible to apply to the English court for financial relief under Part III of the Matrimonial and Family Proceedings Act 1984.

Payne Hicks Beach acted for the husband in Potanina v Potanin [2024] UKSC 3, which clarified the test that an applicant must meet to obtain permission to bring such a claim. The Supreme Court’s judgment is now the leading authority in this area. We understand in detail how these applications are assessed and can advise on whether a Part III application is appropriate in your circumstances.

Cross-Border Financial Settlements

Cross-border financial settlements may present challenges. In all cases, all assets must be disclosed, regardless of where they are located. In international cases, the disclosure exercise may involve detailed analysis of corporate structures in multiple jurisdictions, offshore trusts, international property valuations, and pension arrangements that span several countries. Where one party suspects the other of concealing assets overseas, we can make applications to the court for specific disclosure orders and work with forensic accountants to trace international holdings.

Once all assets are identified and valued, the English court will apply the same principles as in any financial remedy case but there may be additional considerations to take into account, such as the likelihood of one party being able to enforce against assets held overseas.

International Child Arrangements

International divorces involving children raise distinct and often urgent issues. Where parents have connections with different countries, questions about where the children will live, how contact will work across borders, and whether one parent can relocate abroad require careful and swift legal advice. A parent cannot permanently remove a child from England and Wales without the written consent of everyone with parental responsibility or the permission of the court. Unauthorised removal may constitute international child abduction.

The Hague Convention on the Civil Aspects of International Child Abduction provides a framework for the prompt return of children wrongfully removed to or retained in a signatory country. Payne Hicks Beach has an established practice in international child abduction cases. Where a child has been taken abroad, or where there is a risk of removal, we can advise on urgent protective steps including applications for prohibited steps orders, port alert procedures, and Hague Convention return applications. We can also advise on the international recognition of child arrangements orders and, where appropriate, the making of mirror orders in foreign jurisdictions.

Non-Court Dispute Resolution

Wherever possible we seek to resolve matters by way of non-court dispute resolution. We are experienced in private arbitration, private Financial Dispute Resolution appointments (engaging a senior barrister or retired High Court Judge as a private tribunal), mediation, and inter-solicitor negotiation. Many high-net-worth cases are capable of resolution without recourse to the courts, and the privacy advantages of non-court resolution are particularly important for clients with a public profile or commercially sensitive financial arrangements.