A guide to international divorce or dissolution

Have you or your ex-partner (husband, wife or civil partner) decided to start the divorce or dissolution process – legally referred to as ‘proceedings’ – outside the country you live in? If so, what you do next will depend on whether they start:

• in another nation within the UK
• in the European Union (EU), or
• in a non-EU country.

The system for divorce or dissolution of a civil partnership in England and Wales is slightly different to the one in Northern Ireland, and quite different to the Scottish system.

If you start proceedings in another part of the UK to where you currently live, you’ll have to consider how this might affect your financial settlement; this is the agreement you’ll make with your ex-partner about how to divide your money, property, savings, and other assets.

Find out more in our guide Getting a divorce or dissolution in the UK.

If you or your ex-partner’s visa to stay in the UK is based on your relationship, you must tell the Home Office if you separate, divorce or end a civil partnership. 

You'll then need to leave or apply to remain in the UK.

Visit GOV.UK to find out more about visas when you separate or divorceOpens in a new window

To divorce or dissolve a civil partnership in an EU country, you'll need to meet that country's own rules on who can apply.

Each EU country sets these requirements independently, so they can be very different from one another.

If you are currently, or are about to start, divorce or dissolution proceedings in a country outside the UK, it’s important to speak to a solicitor as early as possible.

You can also find more information on:

• GOV.UK – UK-EU cross border divorcesOpens in a new window
• Your Europe – Divorce and legal separation in the EUOpens in a new window
  

If you or your ex-partner has ties to a country outside the EU whether you can divorce there will depend on that country's own rules.

If more than one country could deal with your divorce, the courts will consider which one has the closest connection to you both.

This might be based on where you usually live, where your assets are and where your permanent home is. This matters because each country has its own rules on finances, property and the information you must share.

If you plan to start divorce or dissolution proceedings outside the UK, it’s important to speak to a solicitor as early as possible.

The law in some countries means that financial assets are divided very differently to the way they’re split in England, Wales or Northern Ireland.

In Scotland, only ‘matrimonial property’ is taken into account. This mainly means assets owned or acquired during the marriage or civil partnership.

In some countries outside the UK, couples don’t have to tell each other about their financial assets during divorce or dissolution of a civil partnership.

Prenuptial agreements are treated differently from country to country.

Couples use them to agree – before they marry or become civil partners – how they would divide their money, assets and property if they were to separate.

Prenuptial agreements aren’t automatically legally enforceable in England, Wales and Northern Ireland.

But courts will generally take them into account as one of the circumstances of the case. And they’ll give them significant weight if the agreement meets certain conditions (safeguards). For example:

• the financial needs of the children are adequately taken care of
• both of you had spoken to a solicitor to advise on the implications of entering into the agreement.

In Scotland, prenuptial agreements are legally enforceable unless one person applies to vary or set aside the agreement on the grounds that it was not fair and reasonable at the time it was signed. Courts will only do this in limited circumstances.

Working out whether you have the legal right to start a divorce or dissolution in a particular country can be complicated.

You should  get advice from a solicitor who specialises in this, rather than to try and work it out for yourself.

It could be influenced by the country:

• you were born in
• you own property in
• your mother or father was born or lived in
• you married or registered your civil partnership in
• you live in now and during your marriage or civil partnership.

It’s best to get legal advice from family law solicitors who specialise in international divorce and dissolution.

You may need to speak to legal professionals in more than one country.

It’s worth doing this before negotiating with your ex-partner or exploring mediation with them. This is because the risk of losing control of where you decide to start the process can have serious implications – in some countries, which court handles a divorce or dissolution is determined by who filed for proceedings first. 

But be aware that this will make it much harder to reach an amicable agreement with your ex-partner.

In England or Wales, you can find a solicitor on ResolutionOpens in a new window or on the Law SocietyOpens in a new window

In Northern Ireland, you can find a solicitor on the Law Society of Northern IrelandOpens in a new window

In Scotland, you can find a solicitor on the Family Law AssociationOpens in a new window or the Law Society of ScotlandOpens in a new window

Take a look at our guide Your options for legal or financial advice on divorce or dissolution.