Our International Divorce Solicitors are located in London, UK. They will guide you through the process of your internationl divorce if it is to be conducted through the Courts of England and Wales .
What is an International Divorce
An international divorce may include parties, property, assets or children abroad, and are often more complicated than regular divorces. That doesn’t mean they aren’t possible, and our international divorce solicitors can help you make the divorce process as efficient as it can be.
Is my international marriage legally recognised in the UK?
Generally speaking, an international marriage will usually be considered valid in the UK, if the marriage was entered into in accordance with the laws of whatever country you got married in. For example, if you got married in France and followed the requirements for marriage set out under French law, your marriage would likely be considered legally binding in the UK.
Can I get a divorce in the UK if I got married abroad?
In most cases, you will be able to get divorced either in any country which you can demonstrate a connection to. You will generally need to be either:
- Domiciled in that country: Your domicile will differ depending on a country’s definition of domicile. In England and Wales, your domicile is wherever your main home is – therefore, for example, if you live in the UK but often stay in another country for work, you may still be considered as domiciled in the UK.
- Habitually resident in that country: this means that while you may not permanently live in a different country, you have a connection there such as work or studies.
- A national of that country: you are a national of a country if your nationality is of that country. While this isn’t the case for everyone, most people’s nationality is the country that they were born in.
You will also need to be eligible for a divorce in that country – for example, if you are in a same-sex marriage, you will not be able to get a divorce in a country in which same-sex marriage is not legally recognised.
You may, therefore, be able to choose where you would prefer to get your divorce, depending on the laws in the country. If this is the case, you should decide where to get divorced based on which country’s laws would be able to give you the best outcome – make sure you speak to a international divorce solicitor who specialises in that country’s laws before you make a decision.
Are my documents valid in the UK or other countries?
Documents from a different country will usually need to be certified by a notary public of that country before they can be used abroad. For an international divorce, you may need to prove your marriage is legally binding by having a copy of your marriage certificate notarised by a notary public in the country you got married in.
There may be other documents you would need to have notarised for an international divorce, such as:
- Title deeds to any property you own
- Share certificates
- Proof of business ownership
- A Will, if you or your spouse inherited property which is now being considered as part of the divorce
Our managing partner, Raminder Uberoi, is a qualified notary public able to notarise UK documents for use overseas. If you have any documents that you’ll need certified as part of your international divorce, call 020 8840 6640 or email solicitor@starckuberoi.co.uk to arrange an appointment today.
What happens to assets we have abroad during an international divorce?
Assuming you choose to get divorced in the UK, any assets you own outside of the UK are generally taken into account and divided as assets in the UK would be.
Trouble may arise, however, if you or your spouse do not have easy access to the documentation which sets out what you own. For example, title deeds for a foreign property. Depending on which country your assets are in, it could be difficult to obtain replacement copies of these documents, which will make the international divorce process take even longer. Plus, if you lack documentation demonstrating what each party owns, it may be easier for your spouse to hide assets and therefore, reduce your divorce settlement.
Can I lose my residency if I get divorced in the UK?
If you already have indefinite leave to remain in the UK, it is unlikely that you’ll be forced to leave if you get a divorce.
If you came to the UK on a Spouse visa, you must tell the Home Office that you and your spouse are getting a divorce. You don’t necessarily have to leave the UK even after your divorce, as you can apply for a different visa, such as a parent visa if your children have British citizenship or a worker’s visa if you work in certain industries.
You may also be able to apply for indefinite leave to remain, which allows you to stay in the UK permanently and could let you apply for British citizenship later. You may be eligible to do so if you’ve lived in the UK for a certain amount of time, or if your marriage ended due to domestic abuse.
Right to remain and divorce is a complicated area of law as there is not a simple cover-all rule which applies to everyone – if you’re worried that you may not be able to stay in the UK after a divorce, speak to our immigration solicitors for advice.
Where will our children live when we get divorced?
That will depend on a few factors, mainly what the laws are in the country in which you are getting divorced. If you’re getting a divorce outside the UK, it will depend on the laws inside that country.
The UK Family Court typically aims to ensure children can maintain a relationship with both of their parents, as it is generally believed to be better for them. Therefore, where the children will live primarily is usually decided based on what is in the children’s best interests. Read our blog post on Child Arrangements Orders for more information.
If you’re getting a divorce in the UK and want to move abroad with your children, you will either need consent from your children’s other parent or a Court Order permitting you to relocate with your children abroad. For more information, please see our blog post on Moving Away with a Child Following Divorce.
Can I get an international divorce if I don’t know where my Spouse is?
You can still get a divorce if you don’t know where your spouse is, but if your spouse may no longer be in the UK, that can make getting a divorce a little more complicated. If your spouse is still within the UK, you do not have a legal right to be given your spouse’s whereabouts if they have informed the police that they do not want their location to be shared with you. If they are abroad, it will depend on the laws of that country. It’s important to speak to an international divorce solicitor to clarify your situation.
If you think your spouse may have left the UK, speak to a member of our team for more help. For more general information on getting a divorce without knowing where your spouse is, read our blog post on What you Can Do Following Desertion.
How Starck Uberoi Solicitors can help
Our UK international divorce solicitors have a vast amount of experience in handling international divorce matters, including those with hidden assets overseas. We provide a high quality of service no matter how complex the matter is, going above and beyond to ensure our clients receive the best outcome possible from their divorce settlement.
To book an appointment with our family lawyers, please call 020 8840 6640 or email solicitor@starckuberoi.co.uk. Our offices are located in Brentford, Ealing, Richmond, London Belgravia and Canterbury, all within easy reach by public transport. Our partner, Raminder Uberoi, can also provide a Notary Public Service at any of our London offices.
