International Divorce

What an International Divorce Involves

The ground is the same as in any divorce here. Under section 1 of the Matrimonial Causes Act 1973, either or both of you apply with a statement that the marriage has broken down irretrievably, which the court must take as conclusive evidence. Our no-fault divorce and divorce pages cover the domestic case.

The foreign element changes what surrounds that ground: whether the court here has jurisdiction, whether a court abroad should take the case instead, a question for our jurisdiction and forum disputes page, and whether the order will be accepted where you own property. No application can be made before one year from the marriage; inside that year the alternatives are a judicial separation or an annulment on a statutory ground.

The order ends the marriage and nothing else. Money is settled by a consent order or a court order, and the assets may sit in several countries: see divorce with overseas assets and financial settlements. Moving abroad with a child is covered on our international child relocation page.

When a Court Here Can Hear Your Divorce

Section 5(2) of the Domicile and Matrimonial Proceedings Act 1973 gives the only grounds on which the court here can entertain a divorce or judicial separation. One must apply on the date of the application:

• both of you are habitually resident in England and Wales
• both of you were last habitually resident here and one still resides here
• the respondent is habitually resident here
• on a joint application only, either of you is habitually resident here
• the applicant is habitually resident here and has resided here for at least a year before the application
• the applicant is domiciled and habitually resident here and has resided here for at least six months before it
• both of you are domiciled here
• either of you is domiciled here

Applying alone, habitual residence is not enough by itself: it takes a year's residence, or six months if you are also domiciled here. The joint application ground, added on 6 April 2022, has no qualifying period. For an opposite sex marriage, either of you being domiciled here is enough even where you both live overseas. Section 5 defines neither, so we gather the proof first.

For a marriage of a same sex couple, jurisdiction comes from Schedule A1 to the 1973 Act. The 2014 Regulations made under it stop at both of you being domiciled here, so either of you alone being domiciled here is a ground only under Schedule A1, where no court has jurisdiction under those Regulations.

Documents, Translations and Common Problems

GOV.UK sets out what an application needs; in an international case the certificate and the address do most of the work:

• your original marriage certificate or a certified copy, with a certified translation if it is not in English
• both full names, your husband or wife's current address so the court can send them a copy, and their email address if you have one so papers go online
• proof of any name change, and the fee or a help with fees application

The fee is on the GOV.UK court fees page, and help with fees is open to people with little or no savings on certain benefits or a low income; you apply through the GOV.UK divorce service or by post on form D8.

Common problems include:

• a certificate that is lost, or in another language with no translation
• a religious ceremony abroad that was never registered, so there may be no marriage to dissolve
• an address abroad that is out of date, unknown or withheld
• a country where service must go through official channels

How an International Divorce Works

1. We confirm the jurisdiction ground, the one year rule and whether the marriage is recognised here, then collect the certificate, any translation and your evidence.
2. The application, sole or joint, is issued with the fee or a help with fees application. Under rule 6.5(2) of the Family Procedure Rules a court officer will not serve a respondent out of the jurisdiction, so we arrange service.
3. The step the rules require for the chosen method, on an official route the request, copy and translation, must be filed within 28 days of issue. Acknowledging service, or filing an answer, runs from service: 21 days in Scotland, Northern Ireland or a Hague Convention country in Europe, 31 days in a Convention country outside Europe, otherwise as Practice Direction 6B provides.
4. If jurisdiction or the marriage is disputed, the court gives directions. Before trial it may stay the case under paragraph 9 of Schedule 1 to the 1973 Act, and on a party's application it must stay it under paragraph 8 where divorce or nullity proceedings already continue in Scotland, Northern Ireland, the Isle of Man or the Channel Islands and that paragraph's conditions are met. See responding to a divorce application.
5. Twenty weeks after the start of proceedings at the earliest, you confirm you wish to continue and the court makes the conditional order.
6. Six weeks later at the earliest the final order can be applied for, and the financial order comes first where that protects you: see conditional order and final order.

The court can shorten either period in a particular case.

Serving a Spouse Who Lives Abroad

Rule 6.41 allows service out of the jurisdiction without the court's permission, but the method must be one the rules allow or service has to be done again. For a respondent outside the United Kingdom, rule 6.43(3) allows a rule 6.45 method or one the local law permits, and nothing authorises anything contrary to that law:

• in a Hague Service Convention country, through its designated authority or, where local law permits, its judicial authorities or a British Consular authority
• outside the Convention, where local law permits, through that country's government or a British Consular authority
• in a Commonwealth state outside the Convention, the Isle of Man, the Channel Islands or a British Overseas Territory, rule 6.45(3) removes the routes in paragraphs (1)(b) and (2), so service follows rule 6.43 unless Practice Direction 6B provides otherwise

On an official route, rule 6.46 requires a request with a copy of the application and any translation, and the certificate that comes back is evidence of service. Rule 6.47 requires a translation into the official language, with a translator's statement, unless English is official there or the person served reads English and is served directly.

Where an address cannot be found, the court may direct service by an alternative method or place under rule 6.19 if there is good reason, and sets the date service is deemed effective.

When Legal Advice Is Especially Important

Advice matters most where:

• a court abroad could take the case, which can shape how the money is split: see forum disputes
• you were divorced abroad and received little, since Part III of the Matrimonial and Family Proceedings Act 1984 allows a financial application here with permission: see financial claims after an overseas divorce
• it is unclear whether a divorce obtained abroad counts here, a question for section 46 of the Family Law Act 1986: see recognition of an overseas divorce
• permission to stay depends on the marriage: see family immigration
• there is domestic abuse: call 999 in immediate danger, or the National Domestic Abuse Helpline on 0808 2000 247; see domestic abuse and injunctions

How RakLAW Solicitors Can Help

We act for clients whose families span more than one country, from our office at 42 Shad Thames in Southwark, a short walk from Tower Bridge. The first 15 minute consultation is free, and we will say whether the court here can take your divorce.

Family, financial and immigration advice sit in one firm, so jurisdiction, the settlement and permission to stay are considered together. Our international family law hub covers the wider work.

We act on a privately funded basis and do not offer legal aid. Our charges are on the family law fees page. Call 0203 345 2000 or book an appointment.