The English Courts will not deal with an individual’s divorce or financial matters simply because that person is a British citizen or present here. The Courts will only do so on the basis that the person has habitual residence or domicile. Habitual Residence is defined in case law as “ordinary residence”, in other words voluntary residence with a degree of settled purpose.
There must be a regular physical presence, which must last for some time. Domicile is a complex concept and usually a person has a domicile in England if they have a permanent home here.
Although the actual divorce proceedings should take place in the Country in which the parties were married, the financial issues can be dealt with in this Country if the person is domiciled in the UK and if the Decree if Divorce is recognised in this Country.
In the unusual situation of a divorce abroad and financial matters to be dealt with in this Country, it is possible to apply for financial relief after an overseas divorce. As this is a rare and complicated procedure, it is advisable that you contact us to discuss this in more detail.
If you require any further information please contact us or make an appointment.