Can I Divorce in the UK if I Live Abroad?

Our Family Law Solicitors Often Answer the Question “Can I Divorce in the UK if I Live Abroad?”

If you are living outside the UK but your marriage took place here, you may be asking, “Can I divorce in the UK if I live abroad?” The answer depends on your personal circumstances, including where you and your spouse live now, where you are both legally “domiciled”, and whether you meet the jurisdiction rules for the family courts in England and Wales.

Divorcing from abroad can be complex, especially if neither of you currently resides in the UK. This article explains the rules for divorcing in England and Wales when you are living overseas, the additional considerations for LGBT couples, and the process if your marriage took place outside the UK.

Can You Divorce in England and Wales While Living Abroad?

England and Wales family courts will only accept a divorce application if they have legal jurisdiction. For couples living overseas, this generally means one of the following must apply:

• At least one spouse is habitually resident in England or Wales.
• At least one spouse is domiciled in England or Wales (meaning this is your permanent home, even if you live elsewhere temporarily).
• You and your spouse were last habitually resident together in England or Wales, and one of you still lives here.

If none of these apply, you may not be able to start divorce proceedings in England and Wales, even if your wedding took place here. In that case, you might need to divorce through the courts of the country where you live, though the recognition of your marriage there will be relevant.

What is the Difference Between Being “Domiciled” and “Habitual Resident”?

Many people assume that being married in England or Wales automatically allows them to divorce here, but the courts will only have jurisdiction if you have a strong link to the country, such as living here (habitual residence) or considering it your permanent home (domicile). Here is how those two terms are legally defined:

• Habitual residence means the country where you live on a settled basis.

• Domicile is your permanent home country, either because you were born there (domicile of origin) or because you have chosen it as your permanent home (domicile of choice).

For example, if you were born in England, moved abroad for work, but never intended to settle permanently in your new country, you may still be domiciled in England and could rely on this to apply for a divorce here.

LGBT Couples Married in the UK but Living in Countries That Ban Same-Sex Marriage

For LGBT couples, the question of divorcing abroad can be particularly sensitive. If you married or entered into a civil partnership in England or Wales and then moved to a country that does not recognise same-sex marriage, you may face legal difficulties. if you find yourself in this situation of LGBTQ family law solicitors can help and will be supported by specialist in international family law.

In England and Wales, your marriage or civil partnership is fully recognised regardless of where you live now. You can apply for a divorce or dissolution here if you meet the jurisdiction rules on domicile or habitual residence. However:

• If neither of you is domiciled or habitually resident in England or Wales, the courts here may not accept your application.
• In your current country of residence, your marriage may not be recognised at all, meaning local divorce proceedings may not be possible.
• This can create a situation where you are legally married in the UK but unable to end the marriage in either jurisdiction.

This is why it is important to take legal advice early, particularly before relocating to a country where same-sex marriage is not recognised. The same issues can arise for civil partnerships.

Can I Get a Divorce if I Married Abroad?

If you were married overseas, you might still be able to divorce in England and Wales, but only if the foreign marriage is recognised here and you meet the jurisdiction requirements.

Recognition depends on several factors:

1. Was the marriage valid under the law where it took place?
   The ceremony must comply with local legal requirements like licensing, registration, and so on.
2. Does the marriage meet English law requirements?
   Even if legal abroad, it may not be recognised in England and Wales.

For example:

• Underage marriages (under 18) are not recognised, even if valid where performed.
• Marriages within prohibited degrees of relationship or bigamous unions are void here too.

If the marriage does not meet UK validity criteria, it cannot be ended through divorce, because legally it’s not considered a marriage. In such cases, you can pursue a decree of nullity to obtain legal recognition that the marriage never existed, which can be important for financial rights or the ability to remarry.

If the marriage is formally recognised, you can apply for divorce as long as you also meet jurisdiction rules, such as:

• Being habitually resident or domiciled in England or Wales
• Or having been last habitually resident here with one spouse still residing here

For example, a marriage in France that complies with French law will usually be recognised here, even if neither spouse was British at the time. Once the marriage is recognised, you can apply for a divorce in England and Wales if you are domiciled or habitually resident here.

What If the UK Courts Do Not Have Jurisdiction?

If you cannot meet the jurisdiction requirements, your options are limited. You may need to:

• Apply for a divorce in the country where you live now.
• Take steps to re-establish domicile or habitual residence in England or Wales, which might involve moving back for a period of time.

It is worth noting that even if you can apply for a divorce abroad, that order may not be automatically recognised in England and Wales unless certain conditions are met. Recognition is especially important if you need to resolve financial matters or remarry here.

How Specialist Legal Advice Can Help

Jurisdiction disputes can be complicated and often involve tight deadlines, especially if there are competing divorce proceedings in different countries. An experienced family solicitor can help you:

• Work out if you can divorce in England and Wales based on your domicile or habitual residence.
• Understand how your marriage or civil partnership is treated both here and abroad.
• Advise on the financial and child arrangements implications of divorcing in different jurisdictions.

If you are unsure whether you can get divorced in the UK, particularly if you are in a same-sex marriage or civil partnership and living in a country that does not recognise it, it is important to seek legal advice as early as possible.

Speak to Tyrer Roxburgh Solicitors Today

If you are living overseas but need to end a marriage or dissolve a civil partnership connected to England and Wales, our specialist family law team can guide you through your options. We can advise on jurisdiction, recognition of foreign marriages, and the specific challenges faced by LGBT couples. Contact Tyrer Roxburgh to arrange a consultation and get clear, practical advice tailored to your situation.