Can I Get Divorced In England and Wales If I Live Abroad?

By Ekim Erbas

Before starting her family law career, Ekim gained experience at various law firms in London and then moved on to becoming a paralegal at a specialist family law firm in Central London. Ekim’s passion has always been in family law and so she embarked on to her training contract with a focus on family law. Upon completion of her training contract, Ekim continued her career at a full-service law firm in Essex offering specialist family law advice, where she was able to develop her knowledge and skills in family law. Ekim has experience dealing with a range of private family law matters, including, divorce, financial arrangements, child arrangements, and domestic abuse matters. Ekim also has experience representing clients at court hearings, in particular FHDRAs, Directions Hearings and DRAs for private child arrangements. Ekim adopts a pragmatic and resolution focused approach to ensure matters are dealt with in an effective manner. She is dedicated to providing an excellent service to her clients and her calm nature allows her to communicate with client’s effectively, ensuring clients are supported whilst providing guidance and tailored advice.

Summary

• English courts can hear divorce cases even when parties live abroad, provided jurisdictional requirements are satisfied. 
• The two key grounds are habitual residence and domicile, both complex concepts requiring careful analysis. 
• Habitual residence focuses on where someone has their centre of interests, as determined by an assessment of the quality and stability of their presence, rather than simply how long they have lived in a specific place, whilst domicile concerns their permanent home intention. 
• Strategic forum shopping occurs because financial outcomes vary significantly between jurisdictions; England and Wales offer generous provision. 

London is known as the divorce capital of the world. This is because, when it comes to divorce financial settlements, English judges are seen to be generous to the financially weaker spouse. In 2001, the House of Lords in White v White [2001] 1 AC 596 ruled that both financial and non-financial contributions to a marriage carried equal weight. This ensured people who gave up often lucrative careers to look after the home and children whilst the other spouse earned the money, were not disadvantaged if the marriage ended in divorce. In Miller v Miller; McFarlane v McFarlane [2006] UKHL 24, Baroness Hale solidified the principle in White v White and stated that “the ultimate objective [of the Court] is to give each party an equal start on the road to independent living”.

It is therefore unsurprising that financially weaker spouses in high-net-worth divorces desire to have their financial settlement decided in England and Wales, even if they live abroad. 

Establishing jurisdiction

To get divorced in England and Wales, the Courts must establish jurisdiction before proceeding. Being a British citizen does not give you an automatic right to divorce in England and Wales. You need to prove domicile or habitual residence.

Seven grounds establish English jurisdiction, namely:

• The spouses are habitually resident in England and Wales.
• The spouses were both last habitually resident in England and Wales and one of them continues to reside there.
• The respondent is habitually resident in England and Wales.
• The applicant is habitually resident in England and Wales and has resided there for at least one year immediately before the application was made.
• The applicant is domiciled and habitually resident in England and Wales and has resided there for at least six months immediately before the application was made.
• Both spouses are domiciled in England and Wales.
• Either spouse is domiciled in England and Wales.

What is habitual residence?

Habitual residence is described as the place where a person’s centre of interests lies. Quality matters more than quantity. Someone might live in England for two months and establish habitual residence, whilst another spending six years here fails to do so. The difference lies in the nature of that presence.

A person is more likely to be deemed a habitual resident of England and Wales if they came here voluntarily, with an intention to settle, rather than simply having regular short stays, such as spending six weeks over Christmas every year and the rest of the year abroad. 

Numerous factors inform the assessment: employment location and nature, family connections, children’s education, property ownership, bank accounts, medical registration, and future intentions all contribute to the overall picture of whether someone is a habitual resident.

Common scenarios illustrate challenges. Expatriates working abroad on fixed-term contracts often retain English habitual residence if they maintain property here and intend to return permanently. Those with multiple homes require careful analysis of where their centre of interests truly lies.

What is domicile?

Domicile differs fundamentally from nationality and residence. Everyone has domicile somewhere; no one can be without it. Yet domicile can only exist in one place at any time.

There are two types of domicile:

• Domicile of origin  – is acquired at birth, traditionally from one’s parents. This domicile proves extraordinarily difficult to lose permanently; if domicile of choice is abandoned without gaining another, domicile of origin revives automatically.
• Domicile of choice – requires two elements: residence in a country and intention to remain there permanently or indefinitely. 

Practical application challenges abound. Proving intention to remain permanently requires more than statements; courts examine conduct and decisions. Work assignments abroad pose questions: temporary secondment or permanent relocation? Purchasing property abroad suggests commitment but does not, by itself, establish domicile. Cultural ties, family connections, how you talk about the country you live in, Will provisions, and even proposed funeral arrangements can provide evidence of true intentions.

The person claiming domicile in England and Wales must prove it. Bear in mind that the Courts are sceptical of convenient domicile changes coinciding with divorce proceedings. 

Practical Steps for Those Living Abroad

If you are unsure about whether you can file for divorce  in England and Wales, it is crucial to talk to a Divorce Law Solicitor who is experienced in international divorce cases. Being able to have your divorce financial settlement decided by an English judge can make a big difference to your future if you are the financially weaker party in a high-net-worth marriage. Therefore, you need to ensure you have the evidence required to swiftly file in England and Wales, before you spouse beats you to it in another jurisdiction.

Frequently Asked Questions

How long must I live in England and Wales before I can divorce here?

No fixed minimum period applies universally. Basic habitual residence has no time requirement; the quality of the connection matters more than its duration. Establishing habitual residence depends on demonstrating your centre of interests lies in England and Wales through employment, family ties, and settled intention rather than simply counting days present.

What is the difference between habitual residence and domicile for divorce purposes?

Habitual residence focuses on where you actually live and where your centre of interests currently lies; it can change relatively quickly. Domicile refers to your permanent location, the country you regard as your true home, forever or indefinitely. It is extremely difficult to change and requires residence plus a clear intention to remain permanently. You might be habitually resident in France but domiciled in England if you intend to return eventually.

Can I get divorced in England if I’m a British citizen living permanently abroad?

British citizenship alone does not establish jurisdiction. You must satisfy one of the seven jurisdictional grounds, typically through habitual residence or domicile. If you retain English domicile despite living abroad and have been habitually resident in England and Wales for at least one year, jurisdiction may exist. However, if you have acquired domicile abroad and have no recent habitual residence here, English courts are likely to lack jurisdiction regardless of your nationality.

What happens if divorce proceedings start in two different countries simultaneously?

Competing proceedings create complex situations. Post-Brexit, coordinating rules no longer apply between England and EU countries. Courts examine whether they have jurisdiction and whether parallel proceedings elsewhere make English proceedings inappropriate. Strategic timing of issuing becomes significant; being first to file may provide tactical advantages, though courts can stay proceedings if another jurisdiction is more appropriate.

Is it easier to get divorced in England and Wales than in other countries?

The crucial difference lies in financial outcomes rather than divorce ease itself. English courts’ generous approach to financial provision, particularly for economically weaker spouses, makes England more attractive than jurisdictions that offer minimal provision.