Can I Apply To Divorce In England And Wales?

• Law Firm: Myerson Solicitors LLP
• Subject Matter: Family and Matrimonial, Family Law, Divorce
• Author: Myerson Solicitors LLP
• Published date: 24 May 2023

You may be able to apply for a divorce in England and Wales if you currently live overseas or you are not a British passport holder in certain circumstances.

You must fall within certain criteria outlined below in order to be able to issue divorce proceedings within this jurisdiction.

The Courts in England and Wales have a very wide discretion to make orders for spousal maintenance compared to other jurisdictions, which may not recognise the right to apply for spousal maintenance or, if they do, only in restricted cases for a limited period of time.

Spousal maintenance is income payable by one former spouse to the other which may be paid for a prescribed period or their lifetime.

Do the English courts have jurisdiction to deal with your divorce if you live outside the UK?

If you live outside of the UK, the English courts can only deal with your divorce if any of the following apply:

1. You and your spouse are habitually resident in England and Wales;
2. You and your spouse were both last habitually resident in England and Wales, and one of you continues to reside there;
3. Your spouse is habitually resident in England and Wales;
4. You are habitually resident in England and Wales and have resided here for at least one year immediately before you make the application;
5. You are domiciled and habitually resident in England and Wales and have resided here for at least six months immediately before you make the application;
6. You and your spouse are domiciled in England and Wales;
7. Either you or your spouse are domiciled in England in Wales.

What is habitual residence?

The meaning of habitual residence is not straightforward. However, a person can only have one habitual residence at a time.

The key to a habitual residence is to establish where a person is based and where they organise their domestic, financial and business affairs, and organise their healthcare and bank facilities.

The meaning of habitual residence is not straightforward. However, a person can only have one habitual residence at a time.

The key to a habitual residence is to establish where a person is based and where they organise their domestic, financial and business affairs, and organise their healthcare and bank facilities.

If you have moved to the UK from abroad to gain habitual residence, you must be able to show that you intend to remain in England and Wales, having transferred your life and your affairs here.

You must be able to show that you intend to establish the centre of your interests...