When a marriage involves more than one country — different nationalities, an overseas move, or assets held abroad — the decisions you make early can significantly affect the outcome. Our international divorce solicitors and international divorce lawyers in Reading advise on jurisdiction, cross-border assets and the recognition of divorces, and our family team is recognised in the legal directories for its expertise in complex international cases.
Call us on 0118 951 6200 or get in touch via our online enquiry form. Your first conversation is confidential and there is no obligation.
A divorce is international where you or your spouse have connections to more than one country — for example living abroad, holding a different nationality, marrying overseas, or owning property or business interests in another country. These connections affect which country’s court can deal with your divorce, and how the outcome is recognised and enforced elsewhere.
The English court will only have jurisdiction to deal with your divorce if you meet one of the recognised grounds, set out in section 5(2) of the Domicile and Matrimonial Proceedings Act 1973 as updated after Brexit. Broadly, jurisdiction can be established where:
‘Habitual residence’ broadly means where your life is mainly based — where you work, where your children go to school, where your main family life happens. ‘Domicile’ is a more permanent concept: the country you treat as your true home, or intend to return to. Both are legal tests, and getting the analysis right early is important, particularly if more than one country could realistically deal with your case.
Where your divorce is dealt with can materially affect the financial outcome. English courts are known for a broadly generous, needs-based approach to the financially weaker spouse, and London has a long-standing reputation internationally for this reason. Since Brexit, the previous automatic ‘first in time’ rule between England and EU countries no longer applies; instead, where proceedings could take place in more than one country, the English court considers which has the closest connection to the case. Because timing and evidence of connection both matter, we advise taking advice as early as possible if jurisdiction could be contested.
A divorce obtained in another country is not automatically recognised in England and Wales, though it usually will be if the correct process was properly followed in the country where it took place, under the Family Law Act 1986. The reverse is also true: an English divorce is not automatically recognised across the EU following Brexit, and only a limited number of EU countries are party to the 1970 Hague Convention on the Recognition of Divorces. Where recognition abroad matters to you — for property, remarriage, or other legal purposes — it is worth checking this before, not after, your divorce is finalised.
Where a couple has divorced abroad but one of them has a strong connection to England and Wales, it may be possible to apply to the English court for financial relief under Part III of the Matrimonial and Family Proceedings Act 1984. This safety net exists particularly where a foreign settlement did not adequately provide for one spouse’s needs.
This is a specialist area, and permission from the court is needed before such a claim can proceed. Our own family team has written in detail on this topic — see Financial relief after an overseas divorce by Hannah Sims — and we regularly advise clients on whether this route is realistically open to them.
Our family team is recognised in The Legal 500 for its expertise in complex international cases, including matters reaching the High Court and Court of Appeal. We regularly deal with cross-border assets, offshore trusts, pensions held in more than one country, and cases where a spouse or children are based overseas, working alongside specialist advisers in the relevant jurisdictions where needed.
We advise clients on international divorce across Reading, Berkshire and the wider Thames Valley, including Wokingham, Bracknell, Newbury and Maidenhead, from our office at 1 London Street in central Reading, as well as clients based overseas with connections to England and Wales. Appointments are available in person, by telephone and by video.
Our family team is one of the largest in the Reading area, and has been top ranked in independent legal directories such as Chambers and Partners and The Legal 500 for many years. That depth means we can match the right lawyer to your matter and your budget.
A full-service firm: your Wills, Tax and Trusts team, Residential Conveyancing team and Employment Law team are all under one roof for joined-up advice.
Discuss your international divorce with us
Jurisdiction and timing can matter a great deal in international cases, so early advice is valuable. Call us on 0118 951 6200, or get in touch via our online enquiry form.
Can I get divorced in England if I live abroad?
Potentially, yes. If you retain domicile in England and Wales, or meet one of the habitual residence tests — for example, you and your spouse were last habitually resident here and one of you still lives here — the English court may still have jurisdiction, even if you currently live overseas.
Which country should I divorce in?
It depends on where you and your spouse have jurisdictional connections, and which country’s approach to dividing finances is likely to suit your circumstances best. Because the outcome can differ significantly between countries, this is worth taking specific advice on before starting proceedings anywhere.
Will my foreign divorce be recognised in England?
Usually, yes, provided it was validly obtained under the law of the country where it took place and the correct process was followed. There are limited exceptions, for example where proper notice was not given to one party, so it is worth checking your specific situation.
What happens if my spouse starts divorce proceedings in another country first?
Since Brexit, being first to issue no longer automatically decides jurisdiction between England and EU countries. The English court will instead consider which country has the closest connection to your case, though acting promptly and taking early advice remains important.
Can I apply for financial relief in England after divorcing overseas?
In some cases, yes, under Part III of the Matrimonial and Family Proceedings Act 1984, provided you have a sufficient connection to England and Wales and the court gives permission for the claim to proceed. This is a specialist area we can advise on.
What if my spouse and I married abroad?
Where you married does not restrict where you can divorce. Provided you meet one of the jurisdictional tests for England and Wales — based on habitual residence or domicile — you can divorce here regardless of where the marriage took place.