Multi-national Families – Can You Get Divorced in England?
If you are part of a multi-national family and you have decided to separate or get divorced it is best to speak to a family law solicitor before you make any decisions on where to get divorced, the post-divorce parenting arrangements for your children and your financial settlement.
In this blog, our family law solicitors explain the no-fault divorce process in England and detail why you may need specialist legal advice if you are in a multi-national relationship.
Online and London Family Law Solicitors
For family law legal advice call the expert London family lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
Can you get divorced in the UK?
If you are one half of a multi-national couple you may not know if you can get divorced in England. For example, if you are in the UK on a Spouse Visa or if your spouse is in the UK on a Skilled Worker Visa.
The law says the English courts have the jurisdiction to deal with an application for a divorce if one of these criteria are met:
- You and your spouse are habitually resident in England and Wales
- You and your spouse were both last habitually resident in England and Wales and one of you continues to reside in England or Wales
- The respondent to the no-fault divorce application is habitually resident in England and Wales
- The applicant for the no-fault divorce is habitually resident in England and Wales and has resided there for at least one year immediately before the application was made
- The applicant for the no-fault divorce is domiciled and habitually resident in England and Wales and has resided there for at least 6 months immediately before the divorce application was made
- Both of you are domiciled in England and Wales
- Either of you are domiciled in England and Wales
It is common for overseas nationals to be uncertain about whether they can apply for a no-fault divorce in England as the legal concepts of domicile and habitual residence are not considered by most people during their daily lives. Our family law solicitors have substantial experience with international families and divorce. They can advise on whether the English court is likely to have jurisdiction in your family circumstances.
Why is English divorce court jurisdiction important?
Court jurisdiction is not just a technicality. It can be of crucial importance to you and your family. You may need to act quickly to get legal advice on whether England has jurisdiction and if it is in your best interests to start family law proceedings in England.
You may think that it does not matter where you get divorced but in some families it does. In England, with the introduction of no-fault divorce applications in England, you can apply for a divorce without giving a reason for the marriage breakdown.
Under the new English divorce law, you can get divorced even if your spouse has not behaved unreasonably, committed adultery or separated from you. There are only limited grounds that a spouse can oppose a no-fault divorce application.
If the English court does not have jurisdiction to deal with your divorce application you may not have the grounds to apply for a divorce in the alternative jurisdiction/s.
Financial settlements and English court jurisdiction
Starting divorce proceedings in England may not just be about getting divorced. As soon as you apply for your no-fault divorce you can also apply to the court for a divorce financial settlement. It may be in your financial interests to get divorced in the UK because the family court in the alternative jurisdiction/s will not award you as much when making a financial court order. For example, some jurisdictions do not make spousal maintenance orders or pension sharing orders. In some countries, pre-marriage assets are not taken into account. In other countries, prenuptial agreements are legally binding whilst in others they are not.
Taking urgent legal advice can help you decide whether it is in your best interests to start the divorce and financial proceedings in England.
Children orders and English court jurisdiction
If you have children, it is equally important to take legal advice. You may assume that you can take your children ‘home’ because neither they nor you are British citizens but English family law may say differently if your children are habitually resident in England.
Alternatively, you may be worried that your husband or wife may want to take the children overseas to stay with their extended family.
Family lawyers can explain if you need an order to take your children out of the UK and can help you apply for a child arrangement order and a prohibited steps order if you are worried that your spouse may take your children out of England without your agreement.
Habitual residence, domicile and divorce
If you are not a British citizen or if you do not have indefinite leave to remain or if your husband or wife isn’t a British citizen or settled in the UK then your family lawyer will ask you questions about your life to establish if you or your family is habitually resident in England.
From a family lawyer’s perspective, these questions are vital as they need to know if you or your spouse can start children law, financial settlement or divorce proceedings in England. There may be urgent reasons why you need to apply to court. For example, to protect your children or to make sure that you get a decent financial settlement and a fair share of the family assets.
You, your spouse and your children are classed as habitually resident in England if you are living your lives here. For example, the children attend school in England even though they are in the UK on Dependant Visas. For example, you are in the UK on a Skilled Worker Visa but you have a rented home in London and you have made a home and friends in England.
Domicile is different to habitual residence but the differences can be subtle. Your country of domicile is the country you view as your ‘permanent home’. You may be a US citizen living in London for 4 years on a Spouse Visa but you still think of the US as your home because whilst you do not have a home or job there it is nonetheless the country of your birth and where you intend to return to in retirement. Your domicile of birth can be changed to a domicile of choice. For example, a US citizen may decide to settle in the UK by applying for indefinite leave to remain or even British citizenship.
The key point is that even if domicile has not been changed a person’s habitual residence may have done so, giving them or their spouse the ability to start family court proceedings in England.
For multi-national families the question ‘Can you start divorce proceedings in England?’ isn’t always straightforward forward but our expert family law solicitors can help you navigate the complexities of court jurisdiction to help you secure the orders you need.
Online and London Family Law Solicitors
For family law legal advice call the expert London family lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
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