Family Solicitors

Divorce ranks among the most stressful experiences in life, and it can get that bit more confusing in instances of a UK divorce, where one or both of you live abroad as an expat. Whether you are contemplating separation, divorce, or dissolving a civil partnership, seeking expert legal advice is crucial. It ensures not only an amicable divorce process but also safeguards your property and assets for both you and your children.

The primary consideration before beginning divorce and financial proceedings must be whether the English courts have jurisdiction to deal with your divorce.

In order to divorce in England you must fall into one of the following seven groups:

1. You and your spouse are habitually resident in England or Wales.
2. You or your spouse lived in England or Wales and one of you still live there.
3. You wish to commence the divorce and your spouse lives in England or Wales.
4. You wish to commence the divorce and you have lived in England or Wales for 1 year.
5. You wish to commence divorce proceedings and you have lived in England or Wales for six months and domiciled in England or Wales.
6. You and your spouse are domiciled in England or Wales.
7. Either you OR your spouse are domiciled in England or Wales, and no other EU country has jurisdiction under one to six above.

Concerning making a financial claim ancillary to your divorce, you do not need to be a British citizen to do so. Nor do you need to own property in England.



Therefore, the English courts can assist with the following applications:

1. Your divorce (even if the marriage took place overseas and has not been registered in England)
2. The division of assets (even if those assets are overseas)
3. Maintenance payments (even if the paying party lives abroad)
4. Sharing of pensions
5. Financial claims for same sex couples
6. Financial claims for unmarried couples
7. Financial claims on behalf of children

If you live in England, it may be beneficial for you to divorce in another country, where the financial conclusion will be different. If you think you or your spouse could divorce in another country, please do not delay in seeking advice. Delay may give your spouse time to issue proceedings in a country, which will give you a less favourable financial outcome.

It is necessary for all cases under this jurisdiction to have all paperwork written in English, including your marriage certificate, and so, you will be required to provide an authorised translation. At Duncan Lewis, our divorce solicitors work with many clients whose mother tongue is not English and are able to provide advice in circa, 65 different languages. Further, and if required can arrange to meet with you outside of the UK, to include Spain, France, Poland, Dubai, Abu Dhabi and Qatar.

If you are not in the UK and will not be able to return during the divorce proceedings, it may be possible to conduct all meetings including any Court appointments via telephone or video-conferencing. Since the Coronavirus pandemic, our offices have continued to adapt and all our lawyers are now fully equipped to manage work remotely.

Duncan Lewis Solicitors’ family department is ranked and recognised by The Legal 500 and Chambers and Partners for family and matrimonial work, providing confidential advice with effective representation. Our family team includes solicitors who have achieved the Law Society’s Children Law and Family Law Advanced accreditations providing advocacy in all court proceedings, ensuring our clients receive a consistent and professional service as well as a high degree of continuity. The Family department is experienced in assisting high net worth individuals in divorce matters with specialist divorce solicitors with expertise in domestic abuse, adoption, child abduction, prohibitive steps orders, specific issues orders, injunctions, spousal and child maintenance, properties, pensions and freezing injunctions.

For more information on our high net worth divorce specialists, visit our divorce team online

If you need guidance and support in navigating the complexities of separating financial and ownership structures during a high net worth divorce, get in touch with Amanda Wilmore via email at AmandaJ@duncanlewis.com or via telephone on 02070147305.