When a separating couple has ties to more than one jurisdiction, the difficulties they face can be more complex and sometimes more contentious than if both parties lived in the same country.

Where can you divorce?

This is often the first hurdle that international couples face.  In England and Wales the court has jurisdiction to deal with the divorce if:

• both parties are habitually resident here
• The applicant is habitually resident here and has lived here for at least a year before presenting the divorce application to the court
• The applicant is domiciled and habitually resident here and has lived here for at least six months
• Both parties are domiciled here; or
• The respondent is domiciled here.

If one or both of the parties live in another jurisdiction it may be possible for the divorce to be dealt with there, subject to the laws of that country. This can lead to what is known as ‘a race for jurisdiction’.

What is a race for jurisdiction?

This is where the separating couple can divorce in more than one jurisdiction and they race each other to be first to commence the divorce proceedings, in their preferred jurisdiction. Usually, the financially stronger party will try to start proceedings in the country that will award less to their financially weaker spouse, whilst the financially weaker party will try to start the divorce in the jurisdiction where they will achieve the best financial award.

What determines the jurisdiction that takes precedence?

This is governed by which court is ‘first seized’ – namely which spouse gets to their court of choice first. The country that receives the divorce application first is generally the country that will have jurisdiction to deal with it. 

How do you know which jurisdiction will be best?

You will need independent legal advice from a specialist family lawyer in both countries to be able to determine this. England and Wales is often the jurisdiction that will award more to the financially weaker party and is therefore often said to be the ‘forum of choice’ for wives, unless of course the wife in question is the financially stronger party in the marriage.

Can I bring financial claims against my spouse in England and Wales if the divorce is dealt with in another country?

In certain circumstances the English court can make financial orders following a foreign divorce under Part III of the Matrimonial and Financial Proceedings Act 1984. We will give you more advice on this if you find yourself in this situation. 

Why choose Birkett Long for an international divorce?

If there is an international element to your relationship and you are contemplating a separation or have already separated, it is important to seek specialist advice and do so quickly. Contact one of our specialist family solicitors for a free 15 minute telephone consultation to find out how we can help.