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Understanding Cross-Border Divorce: How Does it Compare to Domestic Divorce?
The process of divorce is never easy and can become a contentious event, and can often prove far more difficult if there is no agreement between the parties when children are involved. If your estranged spouse lives in another country, further complications can arise through issues concerning communication, and which jurisdiction and applicable law will apply. Often the parties involved in an international divorce, prefer the divorce proceedings to take place in the UK if there is sufficient connection to allow the matter to be heard in the courts of England and Wales, but this may not always be possible. It is advised that anyone hoping to embark on cross-border divorce proceedings should initially consult an international family lawyer.
In this guide, we will explore the main differences between cross-border and domestic divorce, what to expect if you choose to divorce in the UK, and the latest statistics relating to divorce in general. We will also discuss the applicable law and jurisdiction when getting an international divorce, and how our cross-border divorce lawyers at Giambrone and Partners can help.
Click on the links below to jump to that section:
Discover the main differences between cross border divorces and divorces within England and Wales
Here’s what the divorce process looks like in England and Wales
Find out more about divorce rates in the UK
Discover whether you can choose the jurisdiction for your divorce
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What Are the Key Differences Between Cross-Border Divorces and Domestic Divorces?
The majority of people do not have to consider the laws surrounding cross-border divorce, therefore knowledge is limited. In our 2023 study, it was found that 78% of people have little to no knowledge about the law connected to cross-border divorce, indicating that there may be a need for more information.
One of the key differences between divorce in England and Wales and cross-border divorce is the process by which you can divorce. Following the Divorce, Dissolution and Separation Act 2020 which introduced the “no fault” divorce. If you are undergoing divorce in the courts of England and Wales an application for a divorce can be made as a couple or by only one party. There is no requirement to provide grounds for the breakdown of the marriage and a conditional order, replacing the decree nisi, will be granted. Following which a final order, replacing the decree absolute, will be made.
In other countries, the divorce process may be different, and possibly more complicated.
Divorces that have a “no-fault” approach avoid the potential for blame and acrimony. Embarking on a cross-border divorce can be a complicated process in terms of communication and there may be language barriers. Attempting to communicate with someone in a different country and time zone can be difficult and often extend the process. By consulting English speaking international lawyers, you can avoid these issues.
Contact our international lawyers for a consultation here.
What Can I Expect if I Divorce in England and Wales?
As previously stated, divorcing in England and Wales is considered a better option if you are a British citizen or you reside within the jurisdiction. In our 2023 study, 83% of respondents said they believed it was harder to get divorced cross-border than in England and Wales, mainly due to distance and communication barriers. The court of England and Wales is perceived as fairer and without the prejudice that some other jurisdictions display.
The “no-fault” divorce removes the acrimonious and lengthy court cases where each party attempts to lay the blame for the breakdown of the marriage on the other party.
It is highly recommended that you seek advice from a divorce solicitor before beginning proceedings.
What is the Current information on Divorce Rates?
According to our research, 33% of people believe it should be easier to get a divorce, whereas 39% believe it is acceptable. Divorce rates have increased in recent years, with the main factors being that divorce has become more accessible and the decrease in stigma.
Divorce rates also rose during the Covid-19 pandemic; many people were confined to their houses with their spouse, which led to tension. Others were kept from their partners, which led to a breakdown in relationships. This also led to more cross-border divorces, and a need for lawyers who specialise in cross-border law.
Is it Possible to Choose Jurisdiction During a Divorce?
No, couples are not permitted to choose the jurisdiction where their cross-border divorce is to take place. This is chosen by the court which has the closest connection to the couple. Factors that will be considered in that decision include the couple’s nationalities, the location of the couple’s main home, where their children attend school and where the couple work. However, if someone from an EU country wishes to bring divorce proceedings in England and Wales, they still can.
Brexit has had a considerable impact on the previous “jurisdiction race,” where whoever started divorce proceedings first had the advantage of choosing the jurisdiction. For example, if the spouse who applied for a divorce first lives in Spain, then the jurisdiction would lie there.
To find out more about cross-border divorce and jurisdiction, please read our previous guide here.
How Giambrone and Partners Can Help
Our experienced divorce lawyers at Giambrone and Partners understand how stressful divorce proceedings can be, especially if the divorce is being undertaken in another country. We have a number of English speaking lawyers qualified in other jurisdictions specialising in family law which reduces any issues that may arise concerning legal expertise and communication Our lawyers will provide you with expert advice before and during your divorce proceedings, regarding the jurisdiction and your rights.
To find out more about our cross-border divorce lawyers, please get in contact with our team today.
Related content
How much understanding is there about no-fault divorces and divorce law in the UK?
The benefits of working with an international cross-border law firm
Arbitration in cross-border family disputes
SOURCES
https://www.lawsociety.org.uk/topics/family-and-children/no-fault-divorce
https://www.divorce-online.co.uk/blog/using-adultery-as-a-reason-for-divorce/
https://paradigmfamilylaw.co.uk/divorce-in-the-uk-and-usa-whats-the-difference/
https://www.divorce-online.co.uk/divorce/the-divorce-process/
https://www.stewartslaw.com/news/why-have-divorce-rates-increased-during-the-covid-19-pandemic/