Yes, providing your situation meets one or more of the criteria listed at 1 to 7 above.

The English Court system will be familiar to most English/Welsh citizens; it uses the English language meaning that documents will not have to be translated for you. It is well equipped to deal with overseas divorces, dealing with several on a day to day basis and may be able to determine your dispute without you having to leave your overseas country. Some of the other benefits are:

  • Fair;
  • Impartial;
  • Well established;
  • Efficient;
  • Incorruptible;
  • Easily accessible; and
  • Some cases can be dealt with entirely online

The Divorce process itself remains the same for International Divorces as domestic Divorces. There may be additional service requirements depending on which country your spouse is living in at the time of the Divorce which could mean slight delay and increase to your legal costs, but the court process and court fee remains the same. The court fee for issuing a Divorce Application is currently £593.00.

Our main method of communication in all cases is now via email or phone. We regularly facilitate Zoom, Teams and telephone conferences for ease and can work around the time differences by having early morning or evening conferences depending on your needs.

Overseas Divorces are recognised in England and Wales as well so long as the divorce/dissolution was legally obtained in that country. In other words, if the Divorce was legal and valid in the country where it was granted it will be recognised in England and Wales.

Depending on whether the overseas court have dealt with the assets you have in England you may be able to apply to the court here to determine the outcome of those assets. If the court failed to deal with the assets or the outcome was grossly unfair and has left you in financial hardship you may be able to make a claim in the English Courts in respect of those assets under Part III of the Matrimonial and Family Proceedings Act 1984.

Property, investments, money and possessions that are held abroad can be dealt with by the courts of England and Wales like any other asset on Divorce and will be considered by the Court determining the financial settlement. It is however important to note that a Court Order is only effective in the country it is made, not all Court Orders can be enforced in all places of the world. It is therefore crucial that you obtain early legal advice to understand your options, and if necessary, seek legal advice in the country where the asset is held.

In principle, yes, but it depends on what type of asset it is, how it is legally held and what the rules are in the country where the asset is. If there are assets overseas that are likely to become subject to an English financial Court Order we would advise our client to seek early legal assistance from a lawyer in that country.

No, although if you wish to pursue a financial claim following that international divorce in the English Courts, then those Divorce documents will be required to be reviewed prior to an application being considered

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Would you like to know more?

For help and advice, talk to a member of our team. They can advise on the best options in your matter.

Call: 01708 229 444 Email us

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