FAQ: I want to divorce in England, but my partner doesn’t – if I file for divorce first, will my petition take precedence?

When you and/ or your spouse are living abroad, filing for divorce first does not necessarily mean that you will automatically be given precedence. However, this matter can be easily broken down in to two main categories:

• Divorcing within EU countries
• Divorcing between England and a non-EU country

Divorcing within EU Countries

In the EU, there is a law (known as the Brussels II Regulation) which states the country that receives the petition first will conduct the proceedings. In this case, speed is essential, and it is highly recommended to seek expert legal help immediately before proceeding to ensure you fully understand which country you would receive the most favourable outcome.

Divorce between England and a Non-EU Country

In this case, the courts will look at which country has the closest connection to the two of you to determine where the divorce should take place. Speed is still important in this situation, and we recommend you contact a specialist international divorce solicitor as early as possible to discuss which countries you are eligible to divorce.

Find out more about the things you need to consider when getting an international divorce in our easy to understand infographic.

Needing some expert advice on divorce law? You can contact Goodwins Family Law today to book an initial fixed fee consultation for a confidential discussion and we’ll be happy to help. We are situated in Harrow, London, with on site car parking and accessible from public transport links. Alternatively, if you are overseas we possess the capabilities to arrange a Skype call with you if it is more convenient.