5 Factors You Should Consider Before Getting an International Divorce

Divorce is stressful enough, but can feel considerably harder if you have to apply for an international divorce. So that you understand whether it is right for you, in this article, we are going to provide five factors to first consider before getting an international divorce.

 International divorce can be a complex matter, so it is worth seeking somewhere that offers a free divorce consultation to help you understand the ins and outs of it, first and foremost. But, before seeking this advice, perhaps it’s best you know what you’re in for?

So that you have more of an understanding of what an international divorce is and the considerations that should be made before getting one, we have listed five factors for you to be aware of. Read on to learn more…

What Is an International Divorce?

An international divorce can be applied for, for many different circumstances. It could be due to the following reasons:

• You and your ex have different nationalities
• You or your ex live abroad for work
• You and your ex live in different countries

What Are The 5 Factors You Should Consider Before Getting an International Divorce?

1.    You Can Only Get a Divorce in a Country That Recognises Your Marriage

Unfortunately, some countries do not recognise a marriage that has taken place in a different country. For example, if you were in a same sex relationship and legally got married in the UK, your marriage would not be legally recognised in Poland. If they are the two countries you have a personal connection to, you will only be able to get divorced in the UK.

2.    You Have to Show You or Your Ex Has a Connection with The Country you Want to Apply for a Divorce In

In order for you to be able to divorce in a country, you must be able to show that you or your ex has a connection to it, and this can be through a number of ways, including:

• You or your ex are a ‘national’ of that country – acquired by birth, your parents, adoption, and in some countries, marriage is considered.
• You or your ex are ‘habitually resident’ in that country – when you regularly live in the country, by being either settled in the country or planning to stay there a while. It could be for work, study, etc.
• You or your ex are being ‘domiciled’ in that country – where your permanent home is.

It is wise to keep in mind that certain countries might have more requirements to determine that you are personally connected to the country. A solicitor will be able to provide accurate advice regarding this, which leads to our next factor; that you should consider a solicitor.

Should you need additional assistance regarding connection to a country, Advice Now can provide further information and meaning behind nationality, habitual residence and domicile.

3.    Consider an International Divorce Solicitor

One consideration that you should be doing before starting an international divorce is deciding whether you need a solicitor to assist you with the proceedings. In most instances, we would recommend you do get one, because an international divorce is more complicated than a standard divorce.

There are international divorce solicitors up and down the country, so you will be able to find the perfect one for you and your circumstances. Most tend to offer video conferencing so you can contact them from wherever you are located.

4.    Workout Which Country Will Give You the Best Outcome

It is essential that you understand that divorce legislation can vary from country to country. One rule might not apply in another country. So, it is important to consider which country you want to divorce in, and these can only be countries that you have a connection with.

Once you have realised that countries legislations vary, you need to consider the country that would work better for you in hopes that you get the best outcome possible for yourself. There is the potential that the following things will be different from country to country:

• Financial orders the court will make.
• The costs involved in divorce.
• How long the divorce takes to finalise, financial settlement, and any arrangements for children, if applicable.
• Whether it is easy for orders made by the court to be enforced.

One country might offer you a better settlement than the other one. There is the potential that men could be favoured more, over women. All these considerations need to be made before you jump into an international divorce.

5.    The UK No Longer Gets Special Rules Since Leaving the EU

Before the UK left the European Union, international divorce was far simpler if the other country you were personally involved with was part of the EU.

Friends and/or family members who have been through an international divorce themselves and received the special rules might have advised you on what will happen during yours based on their own experience. But, from January 2021, the special rules stopped applying, meaning that your international divorce will be different from theirs.

International Divorce is a Complex Matter

There is no doubt that any type of divorce is complicated and stressful. That said, what we can conclude is that an international divorce requires more awareness because there are double the options and possibilities.

Have you had an international divorce before? If so, what do you wish you had known before going forward with it? Leave a comment below.

Please be advised that this article is for general informational purposes only, and should not be used as a substitute for advice from a trained legal professional. Be sure to consult a legal professional or divorce solicitor if you’re seeking advice regarding your divorce. We are not liable for risks or issues associated with using or acting upon the information on this site.