The breakdown of a marriage can be traumatic and daunting. Our aim is to try and resolve family disputes as amicably and swiftly as possible by mutual agreement. However, if this is not possible, we can issue or respond to Court proceedings quickly to protect your interests in the best possible way. With our help, issuing divorce proceedings can be a relatively straightforward process.
In England and Wales, divorce proceedings begin with one spouse – or both spouses jointly – submitting an application to the court. Since the introduction of no-fault divorce in April 2022, it is no longer necessary to assign blame or prove grounds such as unreasonable behaviour or adultery; the spouse(s) must simply state that the marriage has irretrievably broken down, and you must have been married for at least one year. Accordingly, the earliest you can apply for a divorce is one day after your first anniversary. A mandatory 20-week reflection period follows before a conditional order can be granted (this is the court’s confirmation that there is no legal reason why the divorce cannot proceed) with a further six weeks required before the final order legally ends the marriage. Divorce proceedings are often accompanied by related matters such as financial settlements and arrangements for any children, which can be agreed between the parties or determined by the court.
A divorce takes at least six months to complete, even if your circumstances are straightforward. It may take longer if you need to sort out issues with children, property or money. These aspects will be dealt with separately to your divorce.
Yes. Nationality isn’t the deciding factor – jurisdiction is generally based on habitual residence or domicile. If you or your spouse are habitually resident in England, or have a sufficiently strong connection here, the English courts may have jurisdiction to deal with your divorce, regardless of your nationality.
Yes, potentially a great deal. Different countries take very different approaches to dividing finances on divorce. England and Wales give judges wide discretion and are generally seen as more favourable to the financially weaker spouse than some other jurisdictions, including Germany. Where you have a genuine choice, which country you issue proceedings in can significantly affect the financial outcome.
Often, yes. Under the rules that continue to apply in this area, the country where proceedings are issued first will generally take jurisdiction over the divorce and any related financial claims, provided that country properly has jurisdiction. This is why speed and early legal advice can be critical in cross-border cases.
Since Brexit, England no longer operates within the EU’s jurisdictional framework (which had been in place since 2001). England now applies its own distinct set of rules for determining jurisdiction in cases with an EU connection, rather than the EU-wide regime that still applies between remaining member states.
It may be possible in certain circumstances. Even where the divorce itself takes place abroad, English law allows a financial claim to be made in England after a foreign divorce, provided specific legal criteria are met. This was illustrated in the case of Pierburg v Pierburg, where the wife was ultimately able to apply to the English courts for a financial order after her divorce concluded in Germany, despite an earlier attempt to claim jurisdiction for the divorce itself being unsuccessful.
It’s a factual test, not a formal legal status like domicile or nationality. Broadly, it looks at where you have your genuine, settled centre of life – taking into account things like how long you’ve lived there, your work, family, and social ties. There’s no fixed time period, and each case turns on its own facts.
This depends on which country’s courts take jurisdiction, which in turn depends on factors like habitual residence and domicile of each spouse. Once a court has jurisdiction, it will generally apply its own domestic law to the divorce and financial proceedings, which is why the jurisdiction question matters so much.
This depends on the country in question and whether reciprocal enforcement arrangements exist. Since Brexit, enforcement of English orders in EU countries is no longer automatic in the way it once was, so this needs to be checked and planned for on a case-by-case basis, particularly where assets are held abroad.
Ideally, both, working together. Because outcomes can differ so significantly between jurisdictions, it’s important for lawyers advising on one country’s law to understand the options and risks under the other. A firm experienced in cross-border cases can coordinate with lawyers in the other country to ensure your position is protected wherever proceedings ultimately take place.
We can also advise you if proceedings need to be served abroad. We specialise in international divorces, having dealt with international cases for many years. Many of our clients have different nationalities, or got married abroad, reside in different countries or have assets abroad. Get in touch with us as early as possible if your marriage is in difficulty as it will help us to protect your interests in the best possible way.
You (and your spouse) may be able to issue divorce proceedings in more than one country. If that is the case, quick action is advised in order to secure the jurisdiction which is best for you.
We issued divorce proceedings on behalf of A and served them with the help of the High Court (who instructed the Indian Courts to serve the papers). Had this failed, we would have obtained an Order for substituted service so that we would have been allowed to serve M by email as we could have proved that she used her email address to communicate with A before the marriage broke down.
Die Anwaltskanzlei Beyer Family Law Solicitors ist ausschließlich im Bereich des internationalen Scheidungs- und Familienrechts tätig.
Kerstin Beyer – Beyer Family Law Solicitors – Solicitor (England und Wales), Rechtsanwältin (Deutschland, nicht praktizierend), Summit House, 12 Red Lion Square, London WC1R 4QH. Zugelassen und beaufsichtigt durch die Solicitors Regulation Authority.
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