International & ex pat divorce Jones Myers Family Law Leeds Harrogate York

International & ex pat divorce

Determining the best approach for you

If you or your spouse have a connection with another country, it could potentially allow either of you to initiate divorce proceedings in that country. Where your divorce takes place can often have very different outcomes in terms of how your finances might be divided, or what maintenance payments might be made. With England and Wales generally being considered more generous than other jurisdictions, getting divorced here could be far more advantageous, or more prejudicial to you, than another country. It is crucial to make a well-informed choice regarding the jurisdiction for your divorce, and this decision often necessitates prompt action. In some cases it leads to a competitive race to initiate proceedings first.

We can help if you and your spouse are both English, but living in another country, say for work or educational purposes, and you want to know where the best jurisdiction might be to get divorced and how to go about it. You might find yourself in a situation where you’ve been presented with divorce proceedings in England and Wales, yet you’re residing in a foreign country and uncertain whether the proceedings should indeed be conducted there. On the other hand, you could simply be seeking assistance in managing these proceedings along with the advantages of having legal experts physically present and available.

Can I divorce in the UK if either my spouse or I live abroad?

You may be able to divorce in England and Wales if you or your ex-partner are living abroad. You will need to establish a sufficient link to  England and Wales so as to establish “jurisdiction”. This is most commonly done through living in England and Wales but can be established through your other connections to England and Wales including any historical and family connections.

Where should I divorce?

The country in which the divorce takes place is also invariably the country in which financial matters alongside the divorce are resolved. Since financial outcomes on divorce vary greatly from country to country, it is often vital to obtain prompt advice before the divorce is issued to find out which country best suits your desired financial outcome.

Other factors play an important role, such as language, access and cost of legal advice and the enforceability of any final financial order. We can provide urgent advice and liaise with lawyers in other countries to ensure you are able to assess your options and take the most suitable steps for you.

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