Can Germans get divorced in the UK?
German nationals and other individuals with a connection to Germany may be able to get divorced in the UK provided the link to the UK is strong enough. Usually this means demonstrating that one or both spouses are habitually resident in England (and Wales), or that they are domiciled here. The place where the marriage was celebrated, while not itself a jurisdictional ground, may in some circumstances be relevant to establishing the parties’ connection to the UK. For this reason it is important for German lawyers advising clients with UK or international connections to be familiar with divorce law and procedure in the UK. Below we suggest why someone may wish to divorce in the UK instead of Germany, we outline the divorce procedure in England and Wales – Scotland and Northern Ireland operate under separate legal systems with different procedures – and we highlight the importance of securing a court-approved financial settlement when getting divorced.
Beyer Family Law offers bespoke legal advice to German nationals with a connection to the UK who wish to get divorced here. We cover all aspects of divorce, including financial settlements and property division, as well as child arrangements. Please contact us online or call +44 (0)20 8616 8560 to arrange an appointment.
Why get divorced in the UK?
The ability to divorce in the UK can be significant because the courts here approach divorce differently from the courts in Germany. In particular, judges in England and Wales have wide judicial discretion when deciding financial settlements. They are perceived as being more favourable to the financially weaker spouse than judges in some other jurisdictions, Germany included. Where spouses have the option of divorcing under either German or English law, a financially weaker spouse may seek to issue proceedings in England first to exclude the possibility of a German court ruling on finances. Sometimes known as ‘forum shopping’, this is a complex area of law. This is illustrated by the case of Pierburg v Pierburg. In this case, the wife, Clarissa Pierburg, failed to convince an English High Court judge that she was eligible to bring a financial claim in the UK against her husband, the German industrialist and art collector Jürgen Pierburg; she did subsequently succeed in obtaining a financial order from the English courts once the German court had finalised the divorce.
No-fault divorce in England and Wales
Since April 2022, a simplified, no-fault divorce procedure has applied in England and Wales. The process is now easily accessible online, with user-friendly forms to help the applicant every step of the way. The application for divorce only needs to state that the marriage has irretrievably broken down; it is no longer necessary to specify the facts of the case by citing adultery, inappropriate behaviour or periods of separation.
The divorce application
One of the most notable changes made to the divorce procedure in 2022 was the ability to file for divorce either as a sole applicant or jointly with a spouse. This flexibility is applicable in cases where both parties agree to the divorce and wish to pursue it jointly. For clients whose case is contentious, a sole application offers a straightforward way to initiate proceedings independently of the other spouse.
How long does divorce take?
From start to finish, the entire process of divorce in England and Wales takes at least six months. This includes a 20-week ‘reflection’ period – which runs from the date the application is issued by the court – followed by a further six-week waiting period after the conditional order, before the so-called ‘final order’ of divorce is issued.
How much does divorce cost?
Applicants who wish to handle their divorce themselves currently pay a court fee of £612 to start divorce proceedings (this figure is subject to change and should be verified at the time of application). Where there are few assets, the couple’s financial position is straightforward, and there are no issues regarding children, it may be feasible for an individual to complete the process without legal advice. In many cases, however, it is preferable for individuals to consult a solicitor to establish how property might be divided and what arrangements a judge is likely to make for children. At Beyer Family Law we are often able to offer favourable fixed fees and are happy to discuss our charges at the outset.
Will I need to go to court?
In straightforward cases the parties do not need to attend court to finalise their divorce, nor does their solicitor. The entire process is conducted online, including the issuing of the final order, which is produced electronically.
What about the financial settlement?
Many people think that once the final order has been obtained, the job is done. But the final order only confirms that the couple are divorced – it does not settle the finances. An agreement on property division and spousal maintenance should also be finalised at or around the time of the final divorce order. It is important to note that while child maintenance is generally administered by the Child Maintenance Service, courts retain jurisdiction in certain circumstances, including international cases, applications for school fees, and top-up orders where income exceeds the statutory maximum. In most cases, financial matters are resolved by obtaining a Consent Order, reflecting how the parties have decided to split their assets. To be enforceable, this order must be formally approved by a judge. Where parties cannot agree the terms of a Consent Order, they may have no option but to ask the court to intervene and decide matters. This is an expensive and unpredictable route, but the case of Wyatt v Vince illustrates the danger of not finalising a financial settlement at the time of divorce. In that case, the Supreme Court held that a wife could pursue a financial claim around two decades after the divorce, as financial matters had never been formally resolved.
It is estimated that currently only a third of those who divorce seek legal advice in the UK. In light of cases like Wyatt v Vince, however, it is clear that legal advice on finances and child arrangements is often essential – particularly for couples with complex financial or parenting issues.
Contact us
Kerstin Beyer and Monika Pirani are German-speaking family law solicitors working in London. Our firm specialises in divorce, child custody, financial disputes, mediation, pensions, maintenance and jurisdiction issues. Call us on +44 (0)20 8616 8560 – we would be happy to have an initial chat about your circumstances.
