Getting Divorced UK
As specialist Family Law and Immigration Solicitors, we are often asked if a client can get divorced in the UK and asked questions about the grounds for divorce.
If you are in the UK on a Family Visa, Work Visa or if you have indefinite leave-to-remain status and you have questions about getting divorced in the UK then our expert Family Law Solicitors can answer your questions on foreign national divorce UK.
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.
Who can get divorced in the UK?
You do not have to have been married in England and Wales to get divorced here. Your marriage does not need to have been registered in the UK on your arrival to use the English divorce court to get your divorce.
You can get divorced in England or Wales if you meet all these criteria:
- You have been legally married for over a year
- Your marriage has permanently broken down
- Your marriage is recognised in the UK as a marriage
- You meet one of the court jurisdiction criteria
If you are not sure if you want to get divorced our Family Solicitors can advise you on the option of a separation and signing a separation agreement.
Our Spouse Visa Solicitors can advise you of the effect of a permanent separation or divorce on your Family Visa. Our Immigration Solicitors can advise you of the obligation to notify a change of address if you are in the UK as a sponsored employee on a Skilled Worker Visa.
Divorce court jurisdiction
You can get a divorce in England as a foreign national. You do not have to be a British citizen or be settled in the UK. The jurisdiction rules are complicated but the court can grant a divorce if you or your spouse meets any one of these jurisdiction criteria:
- You and your spouse are habitually resident in England and Wales
- You and your spouse were both last habitually resident in England and Wales and one of you continues to reside in England or Wales
- The spouse responding to the no-fault divorce application is habitually resident in England and Wales
- The spouse applying for the no-fault divorce is habitually resident in England and Wales and has resided there for at least one year immediately before the application was made
- The applicant for the no-fault divorce is domiciled and habitually resident in England and Wales and has resided there for at least 6 months immediately before the divorce application was made
- Both husband and wife are domiciled in England and Wales or one of you is domiciled in England and Wales
Although the English court may have jurisdiction to grant you a divorce it may be in your best interests to get divorced in another country that has jurisdiction to grant you a divorce. For example, in your country of domicile.
Our Divorce Solicitors can explain English court divorce jurisdiction for foreign nationals and expatriates. We can also refer you for expert legal advice on potential alternative divorce court jurisdictions. This may be important because you may get a better (or worse) divorce financial settlement in other countries.
If you are a foreign national it is best to speak to UK Divorce Lawyers as soon as possible so you know your divorce options before your spouse takes legal advice and starts the divorce application in the country that will give them the best divorce financial settlement. It is best to check as some countries favour women or men and some countries treat pre-marriage assets, business assets, pensions or prenuptial agreements differently from the divorce courts in England and Wales.
Grounds for divorce in the UK
In England and Wales, you can get divorced if your marriage has irretrievably broken down. There are no other grounds to prove. For example, you do not have to say that your husband has behaved unreasonably or that your wife has left you for another man or deserted you to go back to her home country.
The English divorce proceedings court process is called ‘’no-fault divorce’’ and the same rules apply whether you are a wife or husband.
As the no-fault divorce process is relatively straightforward you are unlikely to need to go to a court hearing to get your divorce.
Our Divorce Solicitors can handle all the divorce paperwork for you and advise you on:
- Financial settlements and financial court orders
- Child custody and contact
- Relocation Orders so you can take your child to live outside the UK
- Domestic violence injunction orders
How OTS Solicitors can help
The Family Lawyers at OTS Solicitors have vast experience in foreign national divorce and expatriate divorce. We work closely with our Immigration Solicitors so all your family law and immigration law needs are met with friendly and efficient expert legal advice.
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.
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