Can I get divorced in the UK?
Many families in the United Kingdom have connections to other countries, we understand that this can create uncertainty about whether divorce proceedings can start here.
It is important to know that there is no single 'UK jurisdiction.' England and Wales, Scotland, and Northern Ireland each have their own courts and rules, the information below relates to England and Wales.
Establishing Jurisdiction in England and Wales
Jurisdiction does not depend on nationality or where the marriage took place. These factors are not relevant.
To get divorced in England and Wales, you must meet one of the following criteria:
● Both parties to the marriage are habitually resident in England and Wales
● Both parties to the marriage were last habitually resident in England and Wales and one of them continues to reside there
● The Respondent is habitually resident in England and Wales
● The Applicant is habitually resident in England and Wales and has resided there for at least one year immediately before the application was made
● The Applicant is domiciled and habitually resident in England and Wales and has resided there for at least 6 months immediately before the application was made
● Both parties to the marriage are domiciled in England and Wales; or
● Either of the parties to the marriage is domiciled in England and Wales
Domicile usually means the country you see as your permanent home. Habitual residence is where you normally live. Both can be complex, so it is sensible to get legal advice early on.
Something to note: competing jurisdictions
Each country has its own rules about jurisdiction, if you have links to more than one country, more than one place may be able to deal with your divorce.
What to Do If Another Country Has Jurisdiction to Deal with Your Divorce
Take early advice from a lawyer in any country that may have jurisdiction, this will help you decide whether to proceed in England and Wales or elsewhere.
“What happens if I issue divorce proceedings in England and Wales and my spouse issues divorce proceedings in another jurisdiction?”
If divorce proceedings start in more than one country, the English Court will decide which is the most suitable place to deal with the case. The court will consider factors such as:
● The parties’ nationalities and domicile
● The location of their current family home
● The location of their other assets
● The history of where the parties have lived and worked during the marriage
● Cultural background
● The parties’ command of the language of each country
● Where the children are based and educated
● Where the parties extended families live
● The comparative legal costs of divorce proceedings in each jurisdiction
● Availability of witnesses and documents
● Which proceedings were issued first and what stage has been reached in each set of proceedings
● Other links to each jurisdiction
Both sets of proceedings are usually put on hold until the court decides which country should deal with the divorce.
Each person can give their views about which country should handle the case, the court will then hold a hearing and make a decision.
If you need advice about starting divorce proceedings in England and Wales, or whether this is the right option for you, please contact our family law team at Orwins.
