Key Contact
For more information please contact Catherine Polli on 01708 229 444 or by email.
We provide a wide range of legal services to individuals and businesses through our specialist teams of solicitors across our offices.
Our team of specialist international divorce lawyers are recognised in Tier 1 of Legal 500 UK and includes members of the Law Society’s Family Panel and Advanced Family Panel, accredited Resolution Accredited Specialists and Collaborative Family Lawyers.
They will ensure you are guided and supported during this difficult process. The size and strength of our divorce team enables us to take immediate legal action if or when necessary, including making immediate Court applications, particularly where there are jurisdictional issues.
Did you know that if you or your spouse, or indeed both of you are living overseas, our family lawyers can still help you divorce using the English Courts, and you may not even have to return to the country?
There are many reasons why a family may move abroad; work commitments, family ties or just the pull of a warmer climate. Whatever the reason behind it, families are certainly becoming more global. If you leave the country and set up home elsewhere, this does not mean that you cannot rely on the English Courts to resolve your matrimonial problems.
Under English law, you can divorce here providing you meet one or more of the following criteria:
If none of the above criteria is applicable, you may still be able to use the English Courts to divorce, but only if no other Court in an EU contracting state has jurisdiction and if either you or your spouse are domiciled in England and Wales. However, relying on sole domicile alone will mean there are limitations on the financial claims the Court can deal with. You are advised to speak to one of our international divorce experts when establishing if you meet these criteria.
Habitual residence simply means where you are currently living or regularly live and intend to settle and remain for a significant period of time.
Domicile has different meanings in different countries but under English law everyone must have a domicile and can only have one country of domicile at any one time. This simply means the country you consider to be your permanent home. Just because you leave your home does not necessarily mean you lose your domicile. This is a complex area of English law and there are many different types of domicile, but you can most certainly be habitually resident in one country and domiciled in another.
Financial claims arising upon divorce tend to be of the greatest concern for most couples; it is, therefore, important to get jurisdiction secured by instigating the divorce proceedings, as explained above, before the Court can determine these claims. The Courts of England and Wales are able to make a wide range of orders relating to property, capital lump sums, maintenance and pensions.
Our specialist divorce lawyers are recognised in Tier 1 Legal 500 and are highly experienced in representing clients based overseas and are more than happy to facilitate Zoom, Teams and telephone conferences for ease. We have represented many clients on divorce where there are international properties or assets to consider. We have worked with clients from many European countries and places further afield, such as the UAE, Russia, US and the Far East.
Yes, you can providing that your spouse remains living in England or Wales, or you or your spouse are Domiciled in England and Wales.
The English Court system will be familiar with 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:
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 but the court process and court fee remains the same. The court fee for issuing a Divorce Application is currently £550.00.
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Key Contact
For more information please contact Catherine Polli on 01708 229 444 or by email.
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Upminster
Pinney Talfourd Solicitors
54 Station Road
Upminster
Essex
RM14 2TU
DX: 35555 Upminster
T: 01708 229 444
F: 01708 228 163
E: upminster@pinneytalfourd.co.uk
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Pinney Talfourd Solicitors
30 High Street
Brentwood
Essex
CM14 4AJ
DX: 5003 Brentwood
T: 01277 211 755
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40 North Street
Hornchurch
Essex
RM11 1EW
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Pinney Talfourd Solicitors
Elizabeth House
28 Baddow Road
Chelmsford
Essex
CM2 0DG
T: 01245 206 684
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Canary Wharf
Pinney Talfourd Solicitors
18th Floor
40 Bank Street
Canary Wharf
London
E14 5AB
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T: 020 3105 0305
E: canarywharf@pinneytalfourd.co.uk
Leigh-on-Sea
Pinney Talfourd Solicitors
The Old Gasworks
43 Progress Road
Leigh-on-Sea
SS9 5PR
By appointment only. Please send all written correspondence to our Upminster office.
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