Can I divorce in England?

You can get divorced in England and Wales provided that you satisfy the necessary criteria to do so. This requires you to have an ongoing connection to England and Wales either on a shorter or longer term basis.

The criteria distinguishes between the petitioner to the divorce and the respondent. The petitioner in a divorce is the person that commences divorce proceedings against the other (i.e. brings the petition to the court). The respondent is the person against whom the divorce proceedings have been brought and must respond to them.

The criteria is focused on where you are habitually resident and domiciled. A habitual residence is the place where your life is mainly based, for example it may be where you own property or work or where your children are educated. Your domicile is your main permanent home in which you live or where you intend to return. Everyone has a domicile at birth which is inherited from either their father or mother (if unmarried or their father died before they were born). If you have moved to another country and have made that your permanent home then your domicile may have moved but is important that specialist advice is taken on this issue.

You can issue divorce proceedings in England and Wales if one or more of the following apply:

  • That you or your spouse are habitually resident in England and Wales.
  • That you or your spouse last lived together in England and Wales and that one of you still lives here.
  • That the proposed respondent to the divorce proceedings lives in England and Wales.
  • That the petitioner to the divorce proceedings is habitually resident in England and Wales and has lived there for at least a year immediately prior to presentation of the divorce petition.
  • That the petitioner to the divorce is domiciled and habitually resident in England and Wales and as resided there for at least six months prior to the petition being issued.
  • That the petitioner and the respondent are both domiciled in England and Wales.
  • One of you is domiciled in England or Wales and no other EU Member State has jurisdiction.

Care should be taken before commencing divorce proceedings where you are an international family with connections to more than one country as there may be a choice as to where the divorce or separation proceedings should take place. Where there is a potential choice care should be taken to ensure the most advantageous country is chosen including where you are likely to receive the best financial outcome although this is just one of a number of considerations to take into account.