The complexity of getting divorced abroad

Lots of people do not realise that the laws governing their family life are not carried with them from their homeland. Indeed, couples must abide by local laws regarding marriage and divorce in the same way which they would abide by local road safety or criminal laws.

Approaches to divorce vary enormously, even between countries in Europe. Malta for example doesn’t allow divorce whereas Denmark only requires 24 weeks notice to untie the knot. Countries around the world have different requirements for divorce proceedings. For example, whereas residence is the most crucial consideration in many countries, ‘domicile’ takes precedence in the UK and citizenship is the main criterion in many other countries.

The EU has not really succeeded in standardising divorce law across member states. However, it is the case across all member states that wherever divorce proceedings were filed first is where the case will be heard. This means that spouses competing to gain a financial edge in particular need to act very quickly in order to reap any rewards and avoid losing out. The cost and outcomes of divorce proceedings in different EU countries remain very different though.

If you live overseas and are trying to find an appropriate place to file for divorce, you may wish to ask yourself the following questions:

• Which jurisdiction is most likely to maximise your time with your children and perhaps allow you to return to your home country with them?

• Where will you get the greatest financial advantage?

• Which jurisdictions are likely to fully respect your pre-nuptial agreement?

• Where is most convenient in terms of travel, expense etc.?

Is Getting Divorced Abroad Right For You?

Overseas divorce is a highly specialised area of family law so it is important that the divorce lawyer you choose has experience in this area. The solicitors at our firm are experts in overseas divorce, so:

Call us today on 01722 422300, or

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