If you and your spouse are resident in England or Wales or you have lived here for at least six months, then you may be entitled bring a divorce case in the English courts.

Deciding which jurisdiction should deal with an international divorce is not always straightforward however, and if your spouse commences proceedings in a different country, you may face the prospect of being divorced there. 

A basic rule is that the country where a divorce petition was first issued is the country that will hear the case, although this is not guaranteed. For this reason, it is advisable to seek legal advice as soon as possible if you are contemplating divorce and your case will have an international element to it.

At Gibson Young Solicitors, we understand how difficult the divorce process is, in particular in an international case where assets may be in different jurisdictions and families may be living across borders. 

Our international family law team can advise you as to where you should commence divorce proceedings and work with you to protect your interests, wherever they are held.

The firm is a member of Resolution, the family law group that promotes a conciliatory and non-confrontational approach to resolving family disputes. We will negotiate with your spouse’s legal representatives to try and reach an amicable agreement in respect of all aspects of your divorce.

Our advice to you will be honest and constructive and we will endeavour to secure the best possible outcome for you and your family.

Our international family law services include the following:

• Putting together necessary evidence showing that you have a right to a UK divorce, i.e. a divorce in the jurisdiction of England and Wales

• Applying for a divorce on your behalf

• Negotiating a financial settlement, to include dealing with issues such as maintenance, property, business interests and pensions

• Negotiating arrangements for children

• Applications for specific issue orders or prohibited steps orders in relation to children

• Applications for leave to remove

• Separation agreements

• International child abduction

If you would like to speak to one of our expert international divorce solicitors, ring us on 020 7924 2919, email us at reception@gibsonyoungsolicitors.com or fill out our Contact Form.

For information about our related services, see our family and matrimonial page.

Divorce lawyers in the UK are known as some of the best in the world, with the UK legal system considered to be one of the fairest. If you would like to divorce in the UK, our expert international family law solicitors will assess your situation and advise you as to whether a divorce in the jurisdiction of England and Wales is possible and whether it is the right option for you. 

Dealing with an international divorce can be complicated if your spouse is not open to finding a mutually agreeable solution. While both parties have a duty to disclose all of their assets, if one party chooses not to do so, it can be difficult to discover exactly what is held overseas. Our expert family lawyers will work to protect your interests and obtain a fair settlement on your behalf, including enforcing this through the courts where necessary.

We represent clients in the following situations:

• Married abroad divorce in UK

• Divorce when spouse lives in another country

• Division of international property in divorce

The question of which country you can divorce can be a crucial one. UK courts have a reputation for fairness and generosity towards women and children, meaning that for many, they are the best choice. 

It can be important to move quickly if you are contemplating a divorce, to ensure that any application is made in the country of your choice. You can get divorced in the UK if all of the following apply:

• You have been married for more than one year

• Your relationship has permanently broken down

• Your marriage is legally recognised by UK law

• The UK is your permanent home or the permanent home of your husband or wife, ie. you are considered to be habitually resident there

We can advise you of the steps to be taken, to include the correct grounds for asking for a UK divorce, filing of the divorce petition and serving this on your husband or wife.

The divorce process will usually be accompanied by additional agreements in respect of property, finances and children and we will negotiate on your behalf to try and reach a settlement. Where this is not possible, we will prepare a strong case for court and ensure that you have expert representation.

UK divorce courts will always prioritise the needs of any children involved and will try to make a fair division of assets. This does not necessarily mean an equal division of assets. For example, where one party is financially weaker, the court may feel that they need a larger share of the assets to compensate for this.

Our team have in-depth experience of dealing with divorce and financial issues and will be able to discuss with you what you could expect to receive from a UK divorce settlement.

International child custody is often complex and stressful. Where parents live in or have close ties to other countries, finding an acceptable solution to child residency can be very difficult. Where necessary, we can guide you through a mediation process so that you and your spouse can try and reach a mutually acceptable solution.

Where your child has been taken abroad without your consent, we will represent you robustly through the courts to apply for their return.

Maintenance is usually payable to the parent who is a child’s main carer by the other parent. Where one of you lives abroad, this can complicate the situation if there is any disagreement between you. 

The Child Maintenance Service can make child maintenance payments where the parent who is paying lives in the UK, however if they reside elsewhere, it may be necessary to apply to the court for a child maintenance order. If the parent lives in a country with a reciprocal agreement with the UK, then this can be enforced.

We will advise you on the rules in respect of your situation and where necessary make applications to obtain payments on your behalf. 

Foreign-held assets will need to be listed and valued in the same way as UK assets are. Reaching an agreement with your spouse as to the division of your property and assets is always preferable to court action and we will work with you to try and settle this by negotiation where possible.

If you do need to apply to the court, we will provide robust representation and, once an order is made, advise you on how enforcement will work if this is likely to be an issue. In the event that there is a risk of overseas assets being moved or disposed of, we can apply for a worldwide freezing order on your behalf.

Pensions are taken into account when agreeing a divorce settlement in the same way that other financial assets are. When the pension is a UK one, the court may order that it be shared or an attachment order made so that when the time comes for payments to be made, some of the pension goes directly to the other spouse.

A set-off can also be agreed, whereby the party without the pension receives a larger share of other assets by way of compensation.

When a pension is built up overseas, the court will still take this asset into account when making a financial order, although it cannot impose a pension sharing order. Alternatively, the court could order that the income from an overseas pension be paid to the other spouse by way of maintenance.

 We can advise you in respect of the valuation of a pension and what agreement might be fair in your particular circumstances.

If one party holds business interests, then these will also need to be valued as part of the divorce process. The other party is then likely to be awarded a sum in compensation or possibly maintenance payments. When the business is held abroad, a similar principle applies. If enforcement is needed, then this will have to be carried out in the relevant country.

At Gibson Young Solicitors, we offer both legal expertise and outstanding client service. We are friendly and approachable and our advice is clear and straightforward. 

If you would like to speak to an expert international divorce lawyer in Putney, ring us on 020 7924 2919, email us at reception@gibsonyoungsolicitors.com or fill out our Contact Form. All initial enquiries are free of charge and without any obligation.