Divorce
International Divorce Specialists
The solicitors at Grant Stephens Family Law have a high level of expertise in advising clients going through a divorce with international elements, guiding you through the process with clear, confidential advice.

In modern society, international divorce is increasingly common as people live, work, get married or hold assets overseas. This often adds a layer of complexity when going through a relationship breakdown.
Our solicitors have years of experience and expertise dealing with complex divorces with international aspects, ensuring that we offer the highest level of expertise and confidentiality.
Your Local Divorce Solicitors
Grant Stephens Family Law is a Welsh based firm, with offices in central Cardiff and the SA1 waterfront area of Swansea. We are perfectly positioned to assist clients internationally, offering impeccable client care and a high degree of expertise to ensure that you get the best outcome possible during your international divorce.
What is international Divorce?
International divorce is a term used when a couple who has connections to another country get divorced.
If you separate from your partner while you live abroad and then one of you decides to move back to the UK, it will still be classed as an international divorce if you decide to get divorced in the UK.
If you are habitually resident it the UK then you are entitled to get divorced within the laws of England and Wales.
It is important however, if one party is habitually resident in another country, to consider and seek advice as to whether the international jurisdiction may be more beneficial for you to proceed with divorce in. Our solicitors can help signpost you when such advice would be prudent to seek.
If neither party is habitually resident in the UK, the Courts of England and Wales do not have jurisdiction to deal with the divorce at all.
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Which country can you divorce in?
A key decision to make when you are going through a divorce with international elements, is deciding which jurisdiction to divorce in as it can significantly impact the outcome of your matter, especially when there are significant assets and some complex financial interests involved.
There are requirements to divorce in a certain country. They are as follows:
- Habitual residence – The place in which a person usually resides and routinely returns to after travelling to other countries.
- Domicile – A person’s permanent home/ primary place of residence. A person must have the intention to return to this place even if they temporarily live elsewhere.
- Nationality – A person’s membership of a nation or a sovereign state.
- The country that the marriage took place in.
Each country has different laws so it is vital that you get advice as soon as possible from an expert international divorce solicitor. It may be the case that, upon consideration, the jurisdiction of England and Wales may not be the most favourable jurisdiction for you to proceed with your divorce in.
First to File
In an international divorce, the ‘first to file’ can be crucial as, in some cases, it can significantly impact the proceedings and the outcomes for each party.
Why is ‘first to file’ so important in some cases?
The reasons for this can vary on a case-by-case basis and it is something that your solicitor will discuss with you early on. However, some of the reasons can include:
- Precedence in jurisdiction – In some countries, the country that receives the divorce petition first will then be the country to conduct the proceedings.
- Recognition of decisions – In some cases, the first country’s filing decisions might be more likely to be recognised and then enforced in other countries. When it comes to finalising the divorce, this can be essential.
While the ‘first to file’ is not relevant in the jurisdiction of England and Wales, if there is a possibility that you could or your spouse may file in a different jurisdiction for divorce, it is vital that you are signposted to obtain advice on your options in that jurisdiction as soon as possible so you are not prejudiced as a result of inaction. Early advice is key.
The International Divorce Process – How it works?
– Step 1
Initial legal advice
Seeking legal advice early during a divorce with international elements is essential. Our expert solicitors will gain a detailed understanding of your global circumstances and provide you with the initial steps to take to secure your future which may include signposting you to obtain advice on your rights in other jurisdictions.
– Step 2
Determining jurisdiction
Your solicitor will help you to determine whether the courts of England and Wales have jurisdiction to deal with your case and if they appear the most favourable jurisdiction in which to proceed with your divorce.
– Step 3
Submitting the application
If proceeding in the UK, one or both parties will submit a divorce application to the court (either themselves or via a solicitor) using the HMCTS portal
– Step 4
Acknowledgement of service
Whether they reside in the UK or not, your spouse will need to confirm receipt of the application.
– Step 5
Resolving financial and children matters
Due to the added complications that international elements can bring when resolving financial and children matters, this can sometimes be complex and take time to negotiate between both parties. It is important that such matters are therefore discussed and advised upon at the earliest opportunity.
– Step 6
Finalising the divorce
Once all negotiations have concluded and an agreement has been reached or ordered by the court, one or both parties can apply for the final order of the divorce which will legally end the marriage. If you used to reside in another jurisdiction or the marriage took place outside of the UK, it is important you then take advice and steps to have your divorce recognised in that international jurisdiction.
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International Divorce and Children
If you are going through an international divorce and you have children, there can be some more complex elements that it is important to get advice about from an experienced family law solicitor.
Cross border child arrangements
Cross border child arrangements involve both the legal and practical considerations that have to be made when a child is involved in custody proceedings across international borders.
Jurisdiction and Habitual Residence
The habitual residence of a child will be the place with which the child has a level of integration in a social and family environment. This can include:
- Educational arrangements
- Peer relationships
- Practical daily life patterns
- Language development
- Cultural adaptation
How do courts determine a child’s habitual residence
The courts will always act in the child’s best interests when determining the child’s habitual residence. They apply a child centred assessment which focuses on the social and family environment rather than the intentions of each parent.
The court can prevent a child being relocated out of the jurisdiction of England and Wales and will not sanction such move unless they are confident that it is I the child’s best interests.
Similarly, the court can order a return of a child removed from England and Wales if the court deem it to be in their best interests. In such circumstances, it is vital that consideration is given as to whether the child is in a country that is a signatory of the Hague Convention and to seek early advice on the best mechanism to seek to return the child, bearing in mind the potentially differing laws in the receiving country.
When should you seek advice?
We advise that, due to the added complexity that international elements can bring, you seek legal advice as soon as possible to ensure that you and your children’s best interests are protected.
Divorce Services
Meet your team of International Divorce Solicitors

FAQs about International Divorce
Can I get a divorce if my spouse lives in a different country
Yes – you can still get divorced if your spouse lives in a different country. You can apply for divorce in England and Wales providing that one or both spouses meet one of the following criteria: have habitual residence or are domiciled in England and Wales or got married in England or Wales.
Can I divorce in the UK if I live abroad
There are several factors that will determine whether you can divorce in the UK if you live abroad. The factors are:
The country that the marriage took place in.
Habitual residence
Domicile
Nationality
What happens to overseas property in a divorce?
When the divorce process begins in England and Wales, you will have to disclose all international property and assets and get them accurately valued as part of the process of full and frank financial disclosure. Assets, such as properties will then be determined to be either a matrimonial asset (an asset that was gained during the marriage and therefore can be a part of the division of assets), or non-matrimonial assets (an asset that was gained before the marriage and can arguably be ring-fenced unless needed to meet the parties ‘needs’).
To find out more about matrimonial vs. non-matrimonial assets, read our article here: Matrimonial Assets Explained .
Can child arrangements be international?
Yes – Child arrangements involve both the practical and legal decisions about where a child lives and can therefore include agreements on contact, travel plans and relocation.
How long does an international divorce take?
It is hard to give an exact answer as there are so many factors that will affect the length of an international divorce. Divorces with international elements will likely be more complex and therefore can take longer to finalise, usually requiring proceedings to be issued in court to resolve finances (although not always). Your solicitor will provide you with a likely timeline once you have instructed.
How do I start an international divorce?
The first step to starting your international divorce is to contact a specialist international divorce solicitor as soon as possible. Due to the added complexity of international elements, getting specialist advice early is important. Such advice may include the need to obtain advice in other jurisdictions.
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