International Divorce Lawyers Berkhamsted, Amersham & Beaconsfield
Can I get a divorce in the UK if my marriage took place overseas?
Countries around the world have diverse approaches to financial settlements during divorce. The UK is known to be flexible when it comes to the division of matrimonial assets. Other countries or jurisdictions have very restrictive rules. These variations in approach by different countries demonstrates that getting the jurisdiction right at the beginning is vital. It is also worth remembering that a court order is only effective in the county that granted it. There may or may not be ways to enforce the ruling elsewhere and it is important to consider this in advance. It is therefore wise to seek legal advice at the outset, so you understand your options and can make an informed decision.
In the UK, there are two primary principles with regards to children during a divorce:
- The welfare of the child is paramount and is assessed on a case-by-case basis
- The courts of the child’s country of ‘habitual residence’ are best placed to decide matters.
Complications can often arise if a spouse of a separated couple might want to take her children back to the UK from the marital home in continental Europe. However, as the children reside outside of the UK, the local courts are the ones who should determine residence.
The length of time that an international divorce takes to finalise, from the start of the application to the obtaining of the final order, can vary depending on your circumstances. As a very rough estimate, we expect an international divorce to take around 6 to 10 months. However, it can take significantly longer than this.
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Read all about the No Fault Divorce – What is it and what do you need to know about it.
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