The process for Ex-Pat, overseas and international divorce

What is the process for Ex-Pat, overseas and international divorce?

Getting divorced can be less straightforward if an international element is involved. But the right advice from an expert solicitor will help your divorce go as smoothly as possible.

There are two key questions you should consider when filing for an international divorce.

• Can you divorce in England and Wales?

Whether or not you can divorce in England and Wales depends on your domicile or habitual residence. These are complex legal concepts which are determined by factual issues. You can have a domicile of origin (where you were born), a domicile of choice (where you decide to live) or a domicile of dependency (if a child). You can only have one domicile at a time. Your habitual residence is where you live with a settled purpose or intention to remain.

• Is it advantageous for reasons relating to money, property or children to divorce in England and Wales or are issues better resolved in another country?

Many countries deal with division of property and assets, concepts of maintenance and pension issues differently and these issues can be complex. You may need legal advice overseas to compare and contrast the implications of divorce in different countries.