We got married abroad, can we divorce in the UK/ England & Wales?
Please note that divorce laws differ between different countries within the UK. England and Wales have the same jurisdiction, while Scotland and Northern Ireland have separate laws.
There are certain criteria regarding divorcing in England and Wales if you are married abroad, and you must meet at least one to qualify for a divorce here. The criteria are:
- You or your spouse is domiciled in England and Wales when divorce proceedings begin
- The Respondent is habitually resident in England or Wales
- The Petitioner is habitually resident in England or Wales and has been so residing for at least one year immediately before the petition is issued
- The Petitioner is domiciled in England or Wales and has been residing there for at least six months immediately before the petition is issued
- You or your spouse were habitually resident in England or Wales last and one of you still lives here
*Habitual residence is not clearly defined; it is a legal concept that you should discuss with your solicitor to determine how it applies to you.
There are many complexities surrounding international divorce law and whether you are eligible to divorce in England and Wales. We would highly recommend getting in touch with an international divorce solicitor as soon as possible to discuss your specific case.