10 August 2022

International divorces – How do they work?

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International divorces – How do they work?

Laws relating to divorce and family matters vary from country to country. Not many couples living abroad or were married overseas are familiar with the process of legal separation. If your situation involves two or more countries

  • Figure out which country you should start your divorce and dissolution proceedings
  • Work out which country is the best one to apply for a divorce regarding the outcome

About International Divorces

Overseas divorce means applying for divorce in a country other than where you are living and where your permanent home is. The couple can not simply pick and choose the country that they think would be the best for getting a divorce.

You can apply for divorce in another country in the following circumstances

The marriage is legally recognized in the country

You can apply for the divorce in a country where the marriage is legally recognized or the marriage took place overseas. For instance, a same-sex couple can not get a divorce in a country where same-sex marriage is illegal even if the person has a connection in that country.

The ex-partner has a connection with the country

The applicant must prove that their ex-partner has a connection with the country in which they are applying for a divorce. The court only has the legal power to start divorce proceedings if the connection is proved. However, different countries have different rules regarding international divorce, therefore, it is best to seek legal advice.

To prove a connection, the person should be a national, habitually resident, or domiciled in that country.

Nationality

If the person has a ‘nationality’, it gives them the official right to be a member of a nation-state. Anyone can apply for divorce in a country where they acquired nationality by birth, the nationality of parents, adoption, or marriage.

Habitual Residence

It means that you live somewhere regularly due to employment, business, or other reasons. The evidence to prove that you are a habitual resident varies from one country to another. Prove habitual residence by showing your plan to stay here for a while, accommodation, registered car, mailing address, financial arrangements, and more.

Domicile

Every country has different rules regarding what ‘domicile’ means, for instance, it means where your permanent home is in England and Wales. The country where you are ‘domiciled’ can be the country of origin or where you moved to and made a permanent home.

Where should you divorce?

The court of the country in which the divorce takes place will also decide the financial obligations. Each country follows a different approach to financial settlement on divorce. Therefore, it is best to seek legal advice to decide which country will best suit your desired financial outcome.

Disclaimer:

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.

About the Author

Zehra works for a number of corporate immigration and family law clients. She advises on immigration matters including but not limited to applications under Tiers 1-5 of the Points Based System, EEA applications, domestic workers, students, family cases, including unmarried partner and marriage visas, settlement and applications for British citizenship.

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