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The free movement of people across the European Union and beyond has given rise to a growing number of multinational families – people who may hold different nationalities, reside in different countries, or live somewhere none of them officially call home.
For international couples – those whose partners come from different countries – separation can quickly become a legal minefield. Questions of jurisdiction, applicable law, and cross-border disputes over marriage or child custody can feel overwhelming. Which country’s courts have authority? Whose laws govern the outcome?
Within Europe, frameworks have been in place since 2001 to address exactly these challenges and provide clarity for families navigating international legal systems. However, this is far from a settled area of law – legislation evolves regularly, and new rules continue to come into force.
It’s also worth noting that since Brexit, England operates outside the European legal framework entirely, meaning a distinct set of rules now applies here.
In most cases, yes. Many countries recognise a divorce validly granted in England and Wales, but recognition is not automatic everywhere. Some countries have their own registration or recognition procedures, so if you plan to remarry abroad or need the divorce recognised for property or inheritance purposes, it is worth checking the position in that country early on.
Yes, provided the marriage is legally valid in the country where it took place and the English courts have jurisdiction, usually based on habitual residence or domicile. Where you married has little bearing on where you can divorce.
Act quickly and take advice before responding. Depending on the circumstances, you may be able to challenge that court’s jurisdiction, or there may be good reasons to issue related proceedings in England, for example to protect your financial position. What you should not do is ignore the foreign proceedings, as failing to engage can seriously limit your options later.
The English courts can take worldwide assets into account when deciding a financial settlement, including overseas property, business interests and pensions. Enforcing an order against assets abroad is a separate question and may require additional steps in the country where the asset is located, so this needs to be planned for as part of the overall strategy.
Not automatically. Prenuptial agreements are not strictly binding in England and Wales, although courts will usually give significant weight to an agreement that was entered into freely, with proper advice and disclosure, and that produces a fair outcome. A foreign prenup that would be fully binding in the country where it was signed may therefore carry less weight before an English judge.
Yes. There are established procedures for serving proceedings on a spouse in another country, and where a spouse is evasive or cannot be located, the court can permit alternative methods of service, such as by email. Service abroad can add time to the process, so it is sensible to factor this in from the outset.
Neither parent can permanently relocate a child abroad without the other parent’s consent or the court’s permission. If agreement cannot be reached, the parent wishing to move must apply to the court, which will decide based on the child’s best interests. Taking a child abroad without consent or permission can amount to child abduction, with serious legal consequences.
Often not. Most divorces proceed on paper without any hearing at all, and where hearings are needed, courts frequently allow parties who live abroad to attend remotely by video link. Your solicitor can also deal with much of the process on your behalf.
The statutory minimum timetable is the same, around six months from application to final order. However, cross border elements can add time, for example serving documents abroad, resolving disputes over which country should hear the case, or obtaining information about foreign assets. An early, well planned strategy helps keep delays to a minimum.
German nationals and others with a connection to Germany may be able to divorce in the UK, provided their link to the UK is strong enough. This usually means that one or both spouses are habitually resident here, or that there are substantial connections 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 explain why someone may wish to divorce in the UK rather than Germany, outline the divorce procedure in England and Wales (Northern Ireland and Scotland have different procedures), and highlight the importance of securing a court-approved financial settlement.
Beyer Family Law in London offers a bespoke legal service to German nationals with a connection to the UK who wish to divorce here. We advise on all aspects of divorce, including financial settlements, property division and child arrangements.
Why get divorced in the UK?
The ability to divorce in the UK can be significant because the courts here approach financial settlements differently from those in Germany. In particular, judges in England and Wales have broad discretion when deciding financial outcomes and are generally perceived as more favourable to the financially weaker spouse than courts in some other jurisdictions, including Germany. Where spouses have the option of divorcing under either German or English law, the financially weaker spouse may seek to issue proceedings in the UK first to prevent a German court from ruling on finances — a practice commonly known as “forum shopping.” This is a complex area of law.
This is illustrated by the case of Pierburg v Pierburg, in which 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, German industrialist and art collector Jürgen Pierburg. She did, however, subsequently succeed in applying to the English courts for a financial order following the conclusion of the divorce proceedings in Germany.
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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