Getting a Divorce as a British National Living Abroad

Sarah Parker
Authored by Sarah Parker
Posted: Monday, September 21, 2020 - 22:58

Going through a divorce, even when living in your home country, is an emotional and often stressful experience. If you’re a British national who is living abroad, it can be even more difficult as you try to navigate the country’s legal system. It is especially true for those who live in places where English isn’t their first language, like Spain. You may prefer to file for a divorce in the UK, although you can also file in the country you currently reside in. If you are getting a divorce abroad, here is some information that can help you.

Hiring a lawyer

The first thing that you should do once you decide to get a divorce abroad is to get a lawyer. A local lawyer will be able to help you navigate the proceedings and identify whether you can file for a divorce through English divorce courts or if you will have to file in your country of residence. Each situation is different, and your unique conditions will determine whether you can file back in England.

For example, if you and your spouse are both British, got married in England, and have only been living abroad for a short period, then you’ll have no problems filing through an English divorce court. Alternatively, if you’re a British national but your spouse is Spanish, and you were married in Spain, you may need to hire an English lawyer specialising in Spanish law to help you file your divorce there. Hiring a lawyer who speaks English is especially important when you live in a country that speaks another language as you need to ensure that you’re both fully understood and that you also understand them.

Where can you file for divorce?

If you’re living abroad, there are some regulations about where you are allowed to file for your international divorce. You won’t be legally permitted to file in every country, so here are some of the stipulations to keep in mind. You can file in the country where:

  • you and your spouse currently live
  • you previously lived together, as long as one of you is still living there
  • both you and your spouse are nationals
  • you live, only if you’ve lived there for an entire year before filing
  • one of you lives, if you’re filing a joint application

What’s important to keep in mind, specifically relating to UK nationals, is that if your spouse is not a UK national, then you will not be able to file for your divorce there immediately. You will need to return to the UK and live there for six months to be able to file through the English divorce court.

Can you file in multiple courts?

Sometimes you may file for your divorce in more than one country — for example, the UK and also the country you’re currently residing in. It is possible to file in multiple countries and people do so if they want to speed the process along. Different countries may offer other turnaround times when it comes to completing the proceeding. If you do file in multiple countries, then whichever one issues the divorce first will be the one who decides all the stipulations.