Should I Get Divorced In England Or Abroad?

In order for a divorce to be granted in the UK

, it must be validly brought under UK jurisdiction. Broadly speaking if a foreign national is UK resident they can apply for a divorce under the UK jurisdiction. The European Community ('EC') has developed a set of criterion, which govern divorce jurisdictions (including the UK). The spouse/s applying for the divorce must satisfy one of the following criteria in order to apply for a divorce under a particular jurisdiction:

- Both spouses are resident in the EC country

- Both spouses were resident in the EC country, but now only one of them resides there

- The spouse which is applying for a divorce is currently living in the EC country and has been doing so for the last year

- The applicant for the divorce is a national of the EC country and has resided there for the last 6 months

It does not matter if you and your spouse were married abroad, the only logistical problem is using a translator for the marriage certificate. If you are to be divorced in a UK court, then it does not matter what nationality you are, UK law only applies to your case. It may be worth bearing in mind that you or your spouse may be entitled to be divorced elsewhere, if so, there are different advantages and disadvantages to divorce in different countries.

It is crucial that you seek legal advice at the earliest opportunity if the option of divorce through another jurisdiction is available to you. In the European Union ('EU') once the family proceedings have begun, you are then tied to completing your divorce in that country, even if you can show that you have a closer connection to another country. If considering divorce in a non-EU country then the connections have to be strong and arguable, these types of applications can turn on minor discretionary matters and are often fairly complex.

The following are some factors to consider in deciding what jurisdiction to use for your divorce:

- The grounds upon which divorce is awarded

- The amount given via a financial order and how that money must be paid

- The court's ability to order disclosure of assets and powers of enforcement over its judgement

- Can the jurisdiction in question make an order over assets held within other jurisdictions

- Variation in the type of orders given to deal with children

- The stress and cost of any travel

- Delays in the process

Experienced divorce solicitors will not only be able to advise you on whether you qualify for divorce in the UK, but also if there are any other jurisdictions legally open to you and what the advantages/disadvantages would be of taking your divorce there.

by: Tim Bishop

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