But if the marriage doesn’t work out and you decide the time is right to file for divorce, does this mean that you have to dissolve your marriage in the very same country?
In most cases, it is possible to divorce in England or Wales if you have married in another country. This is, however, dependent on meeting certain criteria in relation to domicile or habitual residence.
Currently, English and Welsh Courts are able to hear a divorce petition if it has jurisdiction under Article 3 of Brussels II – a European Union regulation that requires you or your spouse to have resided or been habitually resident in England and Wales for a period of time, which is usually between 6 and 12 months depending on the circumstances. If you and your spouse have a complex residence history that has involved moving between countries in the time that you have been married, it is important to speak to a legal service provider to get expert advice on the individual circumstances of your case
There are instances where it may be advantageous to divorce in another country. For example, if you have entered into a prenuptial agreement abroad that would not be recognised in England and Wales. However, there are also instances where petitioning for a divorce in England and Wales offers greater benefits to one or both of the parties involved. The English Family Court has a wide range of discretionary powers that can make the divorce process easier. This has led to the country being labelled the “divorce capital of Europe”.
Looking to petition for a divorce? Want to find the right solution for your legal needs?