International Divorce Lawyers
Specialists in international divorce
If your divorce involves more than one country, it calls for lawyers with specialist expertise. Our partners are recommended in The Legal 500 and Chambers UK.
Stuart Clark heads our international work and is based in London. He is commended for his “notable experience handling cross-border financial disputes arising out of divorce and separation, including those with international assets or jurisdiction issues” (Legal 500).
Nazia Rashid is an experienced partner in the team. She acts in complex financial cases involving international assets and jurisdiction disputes, and in children matters that cross borders, including relocation. She also advises on Islamic marriage and divorce, and wrote the chapter on “Distinctive Aspects of Islamic Law” in The International Family Law Practice.
The team is used to working with clients in other countries and other time zones, so arranging a conversation that suits you is straightforward. Video meetings, documents signed overseas and evidence from another country are all part of how we work.
The questions of jurisdiction and forum come first, and usually shape everything after it. Alongside that, we look at whether negotiation, mediation or arbitration can resolve matters without going to court.
Key contacts
Which country will decide your cross-border divorce?
If you and your spouse have connections to more than one country, more than one country’s courts may be able to hear your divorce. The choice between them can change the outcome substantially: how your assets are divided, whether maintenance is available and for how long, what assets need to be disclosed, and whether the final order can be enforced against assets held overseas.
Whether an English court can hear your case comes down to two questions: where your life is really based, and where you ultimately belong.
Lawyers call these habitual residence and domicile. Habitual residence is where you live, where you work, where your children go to school. Domicile is your permanent home in a deeper sense. You can keep it after years of living elsewhere, and it is harder to shed than most people expect. Neither is about your nationality, and neither is about where you married. Both can be argued, which is why two people in similar situations can end up divorcing in different countries. The habitual residence and domicile of both you and your spouse will be considered.
Before Brexit, if your spouse started proceedings in an EU country first, that country usually kept the case. That is no longer true. Today, if proceedings are started in two countries, an English court decides which is the better place for the case to be heard. It looks at where you each live, where your assets are, and where your children are settled. Being first no longer wins on its own, but acting early still matters. If you wait, the decision may end up being made for you.
Arrangements for children are dealt with separately from the divorce, and different rules can decide which country’s courts deal with them. If one parent wants to move abroad with the children, or a child has been taken or kept overseas without agreement, timing can be critical. Read more on our child disputes page.
Whether you are an expat, or your spouse has moved abroad, we are on hand to help you weigh the options and decide where your case belongs. We also assist overseas nationals living in England and Wales.
Call us on 020 7426 4915 or
Request a callbackWhat to consider before you decide
There is no single right answer, but there are a few things worth considering before you commit to one country.
- Where you and your spouse each have your strongest ties: where you live, where you work, and where you consider your permanent home.
- Where your assets are, and which country’s courts could realistically reach them.
- How much each country requires you both to disclose about your finances.
- How long the process takes in each country, and what it is likely to cost.
- Whether an order made there can be enforced where it needs to be.
- Where you can achieve the best financial outcome.
- Whether spousal maintenance (alimony) will be ordered and for how long.
Speak to us and request a callback, and we can advise on the right course for your situation.
What clients say about us
Is England the right place for your divorce?
England and Wales has a strong reputation internationally. Both of you must disclose your worldwide assets, not just those held here. The starting point in a long marriage is an equal share of what you built together. Pensions can be divided, which many countries cannot do. Maintenance can last longer.
England is not always the right answer. Another country may treat a prenuptial agreement, a trust or a family business more favourably, or sit closer to assets that would be hard to reach from here. You may wish to protect your assets, in which case England may not be favourable.
We will talk it through with you and be clear about which country serves you best.
Already divorced abroad? You may still be able to claim
A divorce abroad does not always settle the finances. Where an outcome fell short abroad and you have a real connection to England and Wales, the English court can sometimes make financial orders of its own. This is known as a Part III claim, after the law that allows it (Part III of the Matrimonial and Family Proceedings Act 1984).
The court has to give permission first, and it is looking for outcomes that left someone unable to manage: a divorce in a country that ignored pensions, capped maintenance, or took no account of assets held offshore. If that sounds like yours, it is worth talking to us sooner rather than later. Waiting can make a claim harder to bring.
Protecting your position when assets are held abroad
Cross-border cases make it easier to move assets beyond reach, and the English court treats non-disclosure seriously. Where we are concerned that assets are being put out of reach, we can seek orders freezing them, obtain disclosure from third parties, and instruct forensic accountants to trace where money has gone. Where the structures are legitimate but complex, the work is to establish what is genuinely available to meet a settlement.
Making an order work in another country
An order is only as good as your ability to enforce it. Some countries recognise English financial orders readily, others recognise the divorce but not the financial order, and some require the whole matter to be argued again locally. We think about this at the start rather than the end. Sometimes that means building a settlement around assets we can actually reach.
If you already have a court order from another country, please contact us and we can advise on whether it can be recognised and enforced in England and Wales, and help you take the necessary steps.
Your key contacts
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Stuart Clark is a partner in the family law team at Thomas Mansfield Solicitors, with a particular focus on international family law matters.
He advises on complex international divorce cases involving jurisdiction and forum disputes and proceedings across multiple legal systems. His work often centres on determining where proceedings should take place, particularly in divorce and financial matters where individuals have connections to more than one country or where assets are held internationally.
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Nazia Rashid is a partner in the family law team at Thomas Mansfield Solicitors, with a particular focus on high-value financial disputes and children matters, including cases where children's lives span more than one country.
Her children work includes international relocation, child abduction and child arrangements, often in sensitive and high-conflict situations. She works closely with professionals such as child psychologists, independent social workers and medical experts where needed. Clients value her direct and reassuring style, particularly where steady guidance is essential.
What happens next
Many of our international clients get in touch from another country. Here is what happens next.
- Our friendly team is looking forward to hearing from you and understanding your concerns and objectives. If we can’t speak with you straight away, we’ll arrange a convenient time, wherever in the world you are. We’ll handle everything with the utmost sensitivity and confidentiality.
- We’ll look at where things stand: where you each are, where the assets are, and whether there’s any urgency about where proceedings are started. We will give you clear, tailored advice on your options and the likely costs.
- Once you decide to proceed, we’ll develop a strategy, handle the documentation and work alongside lawyers overseas where that’s needed, so you’re not managing two sets of advisers yourself.
Frequently asked questions
Is an overseas divorce legally recognised in England and Wales?
Can I divorce in England if my spouse lives abroad?
Can I divorce in England if I live abroad?
My spouse has started divorce proceedings in another country. What should I do?
I was divorced abroad and received very little. Can I claim in England?
Are assets held overseas included in an English divorce?
What if my spouse is hiding assets overseas?
Will my English divorce be recognised in my home country?
How long does an international divorce take?
Do I need a lawyer in the other country as well?
Ready to talk things through?
Speak with our family law solicitors.
Family matters often involve important decisions about your future and your children. Our experienced family law solicitors provide thoughtful, specialist advice tailored to your circumstances.
Complete our form to arrange an initial discussion, or call us to speak directly with our family law team.
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