When a couple initiates divorce proceedings, the court’s main priority when it comes to how to divide their wealth will be achieving a fair outcome for both parties. However, where a couple has international connections or interests, the situation can be more complex and requires careful legal consideration.
That’s why, if you are facing divorce and either of you have assets and property abroad, or have lived abroad, you should seek clear guidance and advice from a specialist international divorce lawyer.
In the following article we provide some basic guidance and understanding of the possible impacts of international divorce and what you need to consider.
Any divorce with an international element will have to consider some important factors:
- Is the marriage recognised in England and Wales?
- Where are important assets located?
- Have divorce proceedings been started in another country?
- Can more than one country deal with the divorce?
Once these fundamental questions have been considered, a specialist international divorce solicitor will be able to build a picture, make some important considerations and help you navigate what could be a complicated legal situation.
Where is the best place for me to start divorce proceedings?
It is common for a couple to live in another country and have assets such as property or a business in that country, i.e. in a different legal jurisdiction, but wish to divorce in England and Wales because they were born here, because they have other assets here and one or both partners have returned here. Regardless of where you were married, you can seek a divorce in England and Wales if all the following are true:
- You have been married for more than a year
- Your marriage has irrevocably broken down
- Your marriage is legally recognised in England and Wales
The law states that a couple can reach a financial settlement in England and Wales even if the divorce was initiated in another country, as long as the marriage, and therefore the divorce, is recognised here. This is where international divorce lawyers need specialist skills, because reaching a fair and reasonable settlement may require knowledge of international jurisdictions, as well as the ability to communicate and negotiate with international solicitors.
Can I get divorced in England and Wales if I live internationally?
It is also common for a couple to wish to divorce in England and Wales because they understand the law here, and have connections here, but they still live internationally. In this case, this is possible, but courts in England and Wales will only consider a divorce application if at least one of the following can be evidenced:
- Both partners are considered domiciled in England and Wales.
- The respondent has their main home and settled place of residence in England or Wales.
- The applicant has habitually lived in England or Wales for at least one year prior to the divorce application, and usually lives in England or Wales.
- The applicant is domiciled in England or Wales and has lived here for a minimum of six months immediately prior to the divorce application.
- The last place both partners lived together was in England or Wales, and one partner still lives here.
When considering the above, it is important to recognise that ‘domicile’ and ‘habitual’ residences are separate legal concepts. Domicile is the country considered to be your permanent home and which you intend to return to, while a ‘habitual’ residence is where you have actually been living or have established a base. Domicile is therefore considered to be your legal and technical residence, and habitual is your residence based on fact and circumstances.
How will my international assets be divided in divorce proceedings?
Assuming your marriage is legally recognised in England and Wales, your international assets will be considered as part of the matrimonial pot, in the same way as any assets still held domestically. Typically, this could include second homes, investments, businesses and expensive personal assets such as boats, jewellery and vehicles. The court will aim to divide these assets fairly and reasonably along with your domestic assets, however, this could take longer simply because it is harder to secure the required documentation, translate this documentation and establish accurate valuations.
Important considerations when seeking an international divorce
- One of the divorcing partners may attempt to hide international assets – In accordance with divorce laws in England and Wales, parties must disclose all financial assets regardless of where they are located. It is contempt of court if one party is found to have concealed assets, which may lead to that partner being disadvantaged in the resulting settlement.
- Freezing assets – If you suspect the above has taken place, you can instruct an international solicitor to assist in freezing those assets so they can’t be disposed of, even if they are located overseas, subject to enforceability.
- Where to divorce? – In England and Wales, the divorce process recognises both financial and non-financial contributions to a marriage. In other words, it values domestic responsibilities and bringing up children equally to bringing in the main family income. In other jurisdictions it is possible that only the financial contribution is recognised, and hence this could disadvantage a financially weaker partner. Therefore, divorcing in England and Wales could be preferable for the financially weaker partner in terms of securing a fair and reasonable settlement.
International divorce can be extremely complex, particularly if you want to settle the divorce in England and Wales but have marital assets located overseas. It is therefore important to instruct a solicitor with experience of international divorce and dealing with different legal jurisdictions. This ensures that your financial settlement is recognised and enforceable. If you are facing an international divorce, you can seek professional and experienced advice from our international family law solicitors, so contact our team today.