International Family Law

International divorce may affect you if you or your spouse intend to start divorce proceedings and one or more of the following applies:

  • You were married abroad;
  • Either one of you was born abroad;
  • Either or both of you live abroad (‘Expats’) in another EU Country or non-member state such as the United Arabic Emirates;
  • You have foreign assets which need to be dealt with on divorce including overseas properties.

International divorce can be complex as significantly different outcomes can be achieved depending on the country where the divorce proceedings are issued and/or financial matters are resolved.

It is important to understand which country is most advantageous for you.

Can I get divorced in England?

You can apply to issue divorce proceedings in England and Wales if one of the following criteria applies:

  • When you begin divorce proceedings, both you and your spouse are habitually resident in England or Wales;
  • Both you and your spouse’s last habitual residence was England or Wales and one of you still lives there when divorce proceedings begin;
  • At the time the divorce proceedings begin, the Respondent to the divorce is habitually resident in Wales or England;
  • For 12 months prior to the start of divorce proceedings, the Petitioner applying for the divorce has been habitually resident in Wales or England;
  • For six months prior to the start of divorce proceedings, the Petitioner has been habitually resident in England or Wales, and is also domiciled there;
  • You and your spouse are domiciled in England or Wales when divorce proceedings begin;
  • No other court of a “contracting state” to the European Convention (‘Brussels IIA’) has jurisdiction, and either you or your spouse is domiciled in England or Wales when divorce proceedings begin.

What is Domicile?

Everyone has a domicile of origin (where they were born), but it is possible to change this through choice so that a country which you consider to be your home becomes your domicile of choice.

What is Habitual Residence?

This is the place where you live on a voluntary basis with an intention to live there for a significant period of time.

What other situations involve international family law?

International family law may also affect you in circumstances where:-

  • You and your fiancé/spouse intend to make a pre or post-nuptial agreement concerning overseas assets;
  • You have concerns regarding child abduction or living arrangements for a child where one of you resides overseas.

What should I do next?

If your situation involves some element of international family law it is vital that you seek specialist advice from a family solicitor who has experience in dealing with international family cases so as to ensure that they work with you to achieve the best outcome for you.

Contact Laura

What Our Clients Say About Our Family Law Services

Laura Clapton has been brilliant and very professional through the Mediation process. I highly recommend her.

Jen Huggett

Absolutely five star service from Laura Clapton and her team, always kept informed of progress, and Laura was always available on the end of the phone to answer any questions. Highly recommended, thank you Consilia Legal.

Jane C

Professional and personal. Vicky was very caring and listened to my issue, advice was clear and easy to understand. Vicky ensured my mind was at ease and I knew my options. Excellent service. Sarah really knows the family sector, she puts you at ease instantly and ensures you are aware of all the options. Would definitely recommend this service. Thank you for your help.

Catherine White

Vicky guided me through the legal context of an employment and was very efficent, approachable and supportive. I would highly recommend this company and Vicky to others who need legal support and advice. Many thanks.

Maureen Sheridan

Had a great experience working with Victoria. Felt completely comfortable asking all kinds of questions and she always explained them really well.

Julia Mariani

I often get clients asking if I can assist with employment and family matters. As this is not my area of specialism I am conscious to help assist by passing them onto a trusted source who will look after the client in the best manner possible and with the same approach and ethos as myself. For employment and family matters I recommend to Consilia Legal as they contact the client promptly and provide practical no nonsense advice at a great value. I have no hesitation in recommending their services and will continue to direct my clients to them for this type of legal advice.

John Bailes

What our clients say about Consilia Legal on

  • review rating 5  Great service from Andy and the team. Handled my case very professionally and I was given excellent advice. Very informative and always responded promptly. Would highly recommend.

    thumb Adam Orange
    12/04/2018
  • review rating 5  I recently needed legal help with a settlement agreement post a redundancy. I have never had the need to use a solicitor's services before. Going by the great reviews on Consilia I decided to give their services a go. I had the pleasure to be attended by Emma Cartlidge and she made the experience simple and easy. The offer was reviewed and amended with precision and I needn't worry about anything. I would recommend Consilia to anyone nervous about using legal services and in need of employment law advice.

    thumb mszkamio .
    9/11/2019
  • review rating 5  I recently had occasion to require the services of an employment lawyer and was recommended to this firm by a professional colleague. I have dealt with many lawyers around the world in the most complex business transactions and personally. I can honestly say I have never received the level of consideration and service from any other legal firm to match that of Consilia Legal. From the moment they picked up the phone to my initial call to the matter being finalised in record quick time; their service and attention to detail was never less than exemplary. Their legal advice was also spot on. It is extraordinary to see this level of service across every aspect of a business and it is a huge credit to Marie Walsh and her team (especially Emma Cartlidge) that they are all able to make their clients feel so welcome and so cared for. I would heartily recommend them to anyone.

    thumb Stephen Wilson
    9/13/2019
  • review rating 5  Victoria Horner offered me employment law advice over the telephone and via email which was impartial but ultimately a game changer in the redundancy situation I found myself in with my employer. Victoria’s advice was instrumental in allowing me to negotiate redundancy and meant I was fully abreast of the law when having conversations with my employer. Victoria presented to me options which I have not yet considered or been made aware of a being entitled to which placed me in a stronger position when in dialogue with the HR department I was dealing with. This made me feel more empowered and gave me back some control during a very unsettling and confidence eroding time. Thank you Victoria.

    thumb Sarah De Biase
    3/06/2019
  • review rating 5  Emma was amazing for me, and I would highly recommend her and her firm for any employment related issues. She helps with making it easy to understand and makes the whole process as swift and efficient as possible. Thank you for all of your help.

    thumb Terri-Rochelle Ward
    8/15/2019
  • review rating 5  I was most impressed with the speed and efficiency which Andy Boyde at Consilia Legal handled my case. I selected Consilia Legal after reviewing previous feedback which had positive comments regarding the areas I was interested in. The way my case was handled turned a stressful situation into a quick and stress free process. I would have no hesitation in recommending Consilia Legal.

    thumb Craig S
    1/02/2019
  • review rating 5  Superb professional, supportive & friendly service by Laura and her colleagues. Their responses to both emails and telephone calls were quick and precise. I could and not of asked for a better service during a very difficult period, and would not hesitate to use again. Steve

    thumb Steve Wallis
    9/02/2019

Latest articles

Back to School Blog

Back to School – September

  Many families find it difficult to balance work and childcare at the start of the new school year as parents often need extra time...

Finalists in Lexis Nexis Family Law Awards 2019

  We are delighted to announce that our family law team have been shortlisted as finalists in the national Lexis Nexis Family Law Awards 2019....
unfair dismissal

Unfair Dismissal

Unfair Dismissal Q & A’s How long do I need to have worked to be able to claim unfair dismissal? You need to have worked...

Leeds

4 Park Place,
Leeds,
West Yorkshire,
LS1 2RU

 0113 322 9222
 enquiries@consilialegal.co.uk

Get In Touch

Harrogate

(By Appointment Only)

Windsor House,
Cornwall Road,
Harrogate,
HG1 2PW

 01423 222 220
 enquiries@consilialegal.co.uk

Got a question?
Get in touch!