Expat Divorce

In some divorce cases, where parties are living outside the UK, or are originally from other parts of the world there are added complexities to a divorce case. At Woolley & Co we call these Expat Divorce cases.

• If you are originally from England or Wales, currently living in another part of the world and want to use the English Courts to obtain a divorce. 
• If you have lived outside the UK for a number of years, have only recently returned and want to divorce here. 
• If you are from outside the UK, have made your home in England or Wales and choose to divorce here. 
• If your spouse lives outside the UK and there may be issues in tracing them or debate about where to get divorced.

There are some other circumstances where an ‘expat divorce’ applies. There are some complex legal issues to consider so it always best to take advice from an expert in international divorce issues.

Am I Eligible to Divorce under English Law?
The main questions to be answered are where you are ‘domiciled’ and where are you habitually resident. This is covered in detail in our Fact Sheet – Can I Divorce in the UK?

Domicile is a legal point which takes into account where you were born as well as where you are living now and your intentions for the future. Our lawyers will be able to advise you, whether you are eligible for a divorce through the English Courts and in straight-forward situations may be able to do this during a free half hour telephone appointment.

Fixed Fee Expat Divorce
Woolley & Co, solicitors offer a special fixed fee divorce service for an Expat divorce in the situations described above. In cases of uncontested divorce we can handle your divorce from start to finish, preparing all the necessary paperwork, filing papers at the court and considering all issues of jurisdiction (which country’s law’s apply).

Why Divorce through the English Courts?
Using the English legal system is often much quicker, cheaper and more effective than attempting to use the local jurisdiction and in many instances expats are prevented from doing so.

Deciding where to Divorce
Because it can be beneficial to use the English legal system to process your divorce you should always take advice on whether you are eligible to divorce under UK law. If your circumstances are at all complicated, for example you married abroad, either party is not a UK citizen, you live or are domiciled in different countries there are complicated rules which apply some due to European law and your circumstances may need to be explored in some detail.

Limitations of the English Courts
There are some limitations on what can be agreed and arranged through the English court system. Any foreign owned property for example is not under the jurisdiction of the English courts so for example the judge cannot make orders in respect of overseas assets, unless the other party is in agreement. This means that, for instance, the Court cannot order that a house in France be transferred to one particular party. This would have to be dealt with by a local lawyer.

For more details read our Fact Sheet - Can I Divorce in the UK.

Need further advice?
Contact Woolley & Co on +44 (0) 1789 267377 now for advice on international divorce or book an appointment for a formal assessment of your case.