"Unlock the Secrets to Smooth Sailing: How to Easily Navigate a UK Divorce After Tying the Knot Abroad!"

We understand that love knows no borders. Many couples embark on beautiful journeys that lead them to say 'I do' in exotic destinations or their home countries. We appreciate the unique experiences that come with international marriages, and the potential for an international divorce. Whether you and your spouse are from different corners of the globe or simply dreamed of a sun-kissed beach wedding, we're here to guide you through the process.

CAN I GET DIVORCED IN ENGLAND AND WALES IF I GOT MARRIED ABROAD?

Rest assured, if you were married abroad, you don't necessarily have to return to the country where you exchanged vows in order to get a divorce. In fact, you can start divorce proceedings right here in England and Wales.

In order to divorce here, your marriage must be recognised as legal by the Courts of England & Wales. There are a few important criteria to meet:

1. Valid Marriage Certificate: If your marriage certificate is not in English, then you will need to obtain a certified translation to accompany your divorce petition when it's submitted to the Court. There are many companies out there who can translate the certificate for you for court purposes. If in doubt, you should discuss this with your solicitor to make sure that you meet the requirements of the court before you start.
2. Marriage Recognition: Your marriage must be legally valid. If you married in England or Wales in a legal/religious ceremony and the marriage was formally registered, it will mean you are able to divorce here provided you meet the criteria on domicile below. In addition to this if you married overseas and the ceremony was conducted according to the local law and was recognised as being valid under that law then the courts of England & Wales will recognise the marriage as legal for the purposes of divorce.
3. Residence (Domicile) and Applying for Divorce: There are a number of criteria that you must meet in order to apply for a divorce in England & Wales. For example, you must have lived in the country for a certain period of time before the divorce is applied for or have maintained strong links with the country if you live elsewhere. This is a very important point in deciding whether you can divorce within the jurisdiction of England & Wales and if in doubt, it is very important to seek legal advice.

WHAT HAPPENS IF MY SPOUSE LIVES IN ANOTHER COUNTRY?

Navigating a divorce when your spouse is living abroad doesn't have to be complicated. If you're residing in England, you have the option to initiate divorce proceedings here.

The courts of England & Wales are empowered to handle your divorce based on several scenarios:

• If both you and your spouse are habitually resident in England and Wales.
• If you and your spouse were last habitually residing in England and Wales, and one of you still resides here.
• f your spouse is currently habitually residing in England and Wales.
• If you've made England or Wales, your habitual residence for at least one year immediately before the application is made.
• If you are domiciled and have resided in England and Wales for 6 months immediately before the application is made.
• If either or both of you are domiciled in England and Wales.

WHAT IS THE DIFFERENCE BETWEEN DOMICILED AND RESIDENT?

These terms are often used when we discuss where the parties are living that are involved in a divorce. Establishing your habitual residence involves demonstrating your rightful presence in a specific country and your intent to call it home for a period of time. On the other hand, domicile represents a more enduring concept than residence and to qualify for this you would need to demonstrate an intention to remain in a country permanently.

Your 'domicile of origin' typically aligns with your father's domicile at your birth or your mother's if your parents weren't married. Gaining a 'new domicile' requires showcasing your firm intention to permanently reside in the new country, with no plans to return to your domicile of origin. While these concepts may seem complicated, it is often quite simple to establish whether someone is domiciled in a country or resident in it. Your solicitor would be able to assist you in this matter.

CAN I CHOOSE TO DIVORCE ABROAD?

Choosing the right jurisdiction for your divorce can significantly impact the outcome of the divorce – particularly when it comes to the financial aspects. It's important to consider your options and weigh the advantages that different countries may offer.

The English Court prioritises financial equality, especially when there are ample assets to meet the housing needs of both parties. Whether this is favourable for you depends on your unique circumstances as the paying or receiving party.

This is one of the reasons why we offer a reduced rate fixed fee initial consultation which may allow for you to explore the potential benefits or drawbacks to applying for a divorce within the jurisdiction of England and Wales. This knowledge can then be compared with the process available in other countries with jurisdiction over your divorce.

Depending on what other jurisdiction is available to you, it may be more advantageous financially to divorce in another country.

There may be other reasons why getting a divorce under the Jurisdiction of England and Wales is preferable. These may include:

• Relative ease and speed of the process;
• How the Court approaches financial settlements;
• Whether a pre-nuptial agreement would be recognised and upheld by the Court;
• The Court's attitude towards child arrangements;
• The availability of legal assistance and representation.

It is important that you are confident that you are entitled to use the jurisdiction of England & Wales to divorce before you make your application. If you would like to find out more, contact us on 0333 9205911 to book in a consultation to discuss your needs, or visit our website www.familylawconsultants.co.uk to read more information and complete a call back request.

Written by Joanne Bennett