Guide to International Divorce

The divorce process can be more complicated in international cases. If you and/ or your ex have connections to different countries, which can be through nationality, residency, property and assets, or children, there will be additional legal issues to think about. In this article we explain more about international divorce, looking at issues such as jurisdiction, legal differences, and child arrangements.

This is when a divorcing couple have legal connections to more than one country. This could be when a couple who married abroad look to divorce here, or when one of you now live in a different country from where the marriage took place. It can also involve things such as joint assets, businesses, or properties in more than one country. You will have to consider which country’s legal system will oversee the divorce and how this will affect things such as financial settlements and child arrangements.

First of all, an international divorce must establish jurisdiction. This means working out which country’s courts have the legal authority to deal with the divorce. The laws that cover divorce vary and some countries may not recognise foreign divorces unless specific legal requirements are met.

Choosing the right country for the divorce is important. You will need to consider whether the country recognises fault-based or no-fault divorce, how marital assets will be divided, child custody and parental responsibility, and spousal and child maintenance laws. Once it is established which country the divorce will take place, the process will then follow that country’s legal framework.

If more than one country has jurisdiction over your divorce, choosing where to divorce will have financial and legal implications. You will need to consider the residency or nationality requirements for divorcing in each country, the speed and efficiency of divorce proceedings, and any differences in financial settlements and child arrangements. We would recommend speaking to a family law solicitor experienced in international divorce.

Countries have different divorce laws and where you want to divorce will depend in part on your individual circumstances. The UK is known for generally offering fair financial settlements. Some EU countries have stricter laws regarding spousal maintenance but may offer quicker divorce proceedings. The United States has different divorce laws in each state so how the process works will depend on which State you are divorcing in. Some countries operate under religious laws and when this is the case the divorce process may be more complex.

Divorce laws are different in different countries. The UK has a no-fault divorce system, meaning divorcing couples to separate and divorce without assigning blame. The law also tries to ensure fairness in financial settlements and child arrangements. In many other European countries, there may be a period of separation that is required before the divorce process starts. Asset division laws may also be different.

Child arrangements are often an area of concern in divorce. In international cases, enforcement of custody arrangements across borders can be challenging. It is important to understand whether both you and your ex will have legal custody rights, and the possibility of one of you moving abroad with the child. The Hague Convention on International Child Abduction protects against unlawful removal of children from their home country.

You may want to consider Alternative Dispute Resolution (ADR) methods such as mediation and arbitration. In mediation a neutral third party will help the divorcing couple negotiate the terms of their divorce. This can lead to quicker outcomes. Arbitration is a more formal process when a legal expert makes a binding decision. Both these options can be useful in international divorce cases as matters can be resolved more quickly and amicably.

International divorce is a complex legal process requiring careful consideration of jurisdiction, financial settlements, and child custody arrangements. Given the differences in divorce laws across countries, seeking expert legal advice is crucial to ensuring a fair and enforceable outcome.

If you are facing an international divorce, consulting with a solicitor experienced in cross-border family law can help navigate the legal challenges and secure the best possible resolution.

As leading family law solicitors in Milton Keynes in Milton Keynes, our team of specialists can advise and guide you from the moment we start working with you. As well as our head office in Milton Keynes, we also have offices in Bicester, Watford, and London where we can arrange appointments to see you in person. Talk to us in confidence and find out where you stand. Get in touch – we’re here to help.

This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.