Expats and Divorce: Legal Advice



If you are living outside of England and Wales when your marriage breaks down the question will arise as to whether you are able to divorce in the English courts. Much the same question will have to be asked if you are from another country where you were married but have made your home and now reside in England and Wales.

The English legal system will be much more convenient and certainly quicker and cheaper than using the court system of the country where you are living. very often an expat would be prevented from doing this.

A word of warning however. There are limitations on what can be ordered through the English court system. Any foreign owned property will not come under the jurisdiction of the English courts. A divorce court therefore cannot make orders in respect of family assets outside of the country unless the other party is in agreement. The court is not able to order that a house or land owned in another country be transferred nonetheless this is agreed by both parties. Ownership would have to be dealt with by a French lawyer which would of course involve additional cost.

The first and most important question to be answered is where you are