Divorcing When you are in the UK on a Visa
Marriage breakdown is horrible whenever or wherever you go through it. It can be particularly traumatic when you are getting divorced whilst you are in the UK on a visa.
In this blog, our Family Law Solicitors look at the issues you may be facing if you are divorcing in England whilst you are here on a visa.
Online and London Family Law Solicitors
For family law legal advice call the expert London family lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi
Can you get divorced in England?
You do not need to be a British citizen or to have indefinite leave to remain or settled status under the EU Settlement Scheme to apply for a divorce in England.
There are strict rules on who can apply for a divorce but the rules do not require you to be a British citizen or settled in the UK. It is possible to get divorced in England if you are here on a Business Visa or Work Visa, such as a Skilled Worker Visa, or a Family Visa or Spouse Visa.
As well as understanding if the English family court has jurisdiction to grant you a divorce you also need to know:
- If your best option would be to start divorce proceedings in your home country or in England
- If your English divorce would be recognised overseas and in your home country
- If you decide to divorce overseas, will your overseas divorce be recognised in the UK and would the divorce affect your visa or immigration status
- If you are under a duty to report your relationship breakdown to the Home Office as part of your visa requirements and the implications for you or your spouse if you do so. The immigration rules and implications are different depending on whether you are in the UK on a Skilled Worker Visa or a Dependant Visa or Spouse Visa
Our Family Law Solicitors work closely with our expert Immigration Solicitors so you get all the legal advice and specialist guidance you need. Call us on 0203 959 9123 or complete our online enquiry form.
Divorce on a visa
If one or both of you are not British citizens you may still be able to divorce in England. In summary, the rules say that to divorce in England at least either the husband or wife needs to live in England or Wales. There are also rules on starting English divorce proceedings depending on your domicile or habitual residence or that of your husband or wife.
In any family situation where there is a possible choice of court jurisdiction or uncertainty about whether the court in England will entertain a divorce application, it is best to speak to a specialist Family Law Solicitor as soon as you realise that you may be separating or getting divorced.
The legal advice you will need will not be restricted to divorce proceedings as you will also need to know:
- The visa and immigration consequences of separation and divorce
- If your children can be taken from England to your home country by you without your spouse’s agreement – you need to understand the law on this as you could be accused of child abduction if you get the law wrong and take your children out of the UK without the other parent’s agreement or a court order. If you do not have an agreement or court order your child could be returned to the UK for the English court to decide if they should stay in England with their other parent or be allowed to live overseas with you
- If you can get a financial court order in England and, if so, if you can enforce it if required in your home country
- If you get a divorce and a financial court order overseas and if the divorce will be recognised in the UK and if the financial court order can be enforced
- If you divorce overseas can the financial settlement be amended or reviewed under Part III of the Matrimonial and Family Proceedings Act 1984
It is best to take specialist family law legal advice before you make any decisions as the law can be complex. That means it can be expensive to sort things out if you either make the wrong decision or get the law wrong.
Spouses need to be careful to get the best family law legal advice rather than be pushed into starting divorce proceedings outside England. That’s because a divorce financial settlement made outside England may be nowhere near as generous as the one that you could get if you start no-fault divorce proceedings and apply for a financial settlement in the London family court.
Online and London Family Law Solicitors
For family law legal advice call the expert London family lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi
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