Divorce involving couples with connections to more than one country can often become more complicated.
The “jurisdiction battle” or the “jurisdiction race”, as it is sometimes known, involves two main questions:
“Which country’s courts can deal with the divorce and financial claims?”
and
“Where is it best for the client to issue proceedings?“
For expats or international couples, the decision on where to get divorced, or where you are allowed to get divorced, can make a real difference to timescales, cost, and the eventual outcome. Due to recent changes across UK family law in recent years, and several high-profile divorce cases, London is one of the most popular places in the world to divorce when there is a choice and especially for high-net-worth couples.
In this blog, our family law team look at why that is, what the process involves, and the questions international families should ask early on.
Why Is Jurisdiction Important in Divorce?
Jurisdiction is an important element of the divorce process as it is the legal term for which country’s court has the right to deal with your divorce. There are various reasons why you may need to consider the jurisdiction of your divorce, including:
- you are married in one country but live in another
- you or your spouse are British but working abroad
- you have homes or assets in multiple places
- your children go to school in a different country to where you were married
- you have different nationalities
In international divorce cases, more than one country could accept the divorce application. Disputes may arise if couples disagree on where the proceedings should be held. Jurisdiction can affect several outcomes, including division of assets, child arrangements and the enforcement of orders. Divorce laws and potential financial outcomes can be dramatically different between different countries, so depending on your circumstances, where you get divorced can significantly affect the outcome.
Does No-Fault Divorce Make It Easier?
Divorce in England and Wales is now under the new “no-fault” divorce reforms. That means you do not need to blame your spouse for the marriage ending.
For international couples, this can take some of the heat out of the process and remove an unnecessary legal argument at the start.
However, it is important to realise that while the new reforms make it much harder for the respondent to prevent the divorce from going ahead, the one reason a divorce can be contested under “no-fault divorce” is based on jurisdiction. For example, your spouse could dispute the jurisdiction if they believe another country is more appropriate or that they would receive a more favourable settlement in a different legal system.
If there are jurisdictional challenges, courts will need to consider factors like where the couple got married, asset location, if children are involved, and where they are living, and residency status.
Why Is London and the UK a Popular Choice for Divorce?
There are a few reasons London continues to attract international divorce cases, as the High Court is known for handling high-value and complex financial disputes. The English courts often deal with complex cases involving:
- international assets
- businesses and shareholdings
- trusts
- property portfolios
- overseas income
- non-disclosure concerns
In the right case, the court can make wide-ranging financial orders to achieve fairness, which is one of the main reasons international spouses look closely at England as an option. Several recent high-profile cases will also impact future divorce settlements, including Standish v Standish, which sets out how wealth will be divided in future divorce cases in England and Wales.
Does Jurisdiction Affect Child Arrangements Too?
Often, yes. Child arrangements are usually handled in the country where the children are habitually resident. So even if you divorce in England, children’s issues may still sit elsewhere depending on where the children live day to day.
Do we need to go to court?
Not always. At Berlad Graham, our family law team will always try to reach an agreement as amicably and quickly as possible. Our preference is to help our clients arrange fair financial settlement and co-parenting plans out of Court, thereby avoiding lengthy, expensive Court proceedings that can be very stressful. Many international couples resolve financial matters through negotiation or mediation and only use the court process if they cannot agree. Where children are involved, avoiding conflict is often the priority.
Can mediation help in international divorce cases?
It can, and it is often a good starting point. Family mediation gives both people the opportunity to discuss arrangements with an independent mediator, rather than escalating straight into litigation. It is commonly used to work through:
- interim arrangements while divorce is ongoing
- child arrangements
- financial proposals and settlement options
Mediation is not suitable in every case, especially where there are safety concerns or serious power imbalances. But when appropriate, it can save time, reduce legal costs, and help maintain a working relationship moving forward.
Family Mediation Week 2026
If mediation is something you are considering, Family Mediation Week runs from 26 to 30 January 2026, and aims to raise awareness of mediation as a constructive way to resolve family disputes.
How Berlad Graham can help
International divorce cases need careful handling. The legal issues can move quickly, and there is often a lot at stake. Even if you and your spouse agree on divorce, you should not assume finances will automatically be straightforward, especially where assets are spread across different countries.
Our family law team can advise you on:
- whether England and Wales is the right jurisdiction for your divorce
- urgent protective steps where needed
- financial remedies and settlement negotiations
- cross-border arrangements involving children
- mediation and alternative dispute resolution where appropriate
If you would like to discuss your situation in confidence, we can guide you through the options and help you decide the best next step.
Divorce Solicitors Uxbridge, Hereford, and Shropshire
To speak to our friendly, experienced, professional divorce lawyers in Uxbridge, Hereford, and Shropshire today, please call 0330 175 5655 or email info@bglaw.co.uk.
Accreditations and Memberships
All of our lawyers adopt a conciliatory approach to proceedings and seek to resolve matters with as little stress and conflict as possible. Our family solicitors are all members of Resolution, an association of over 6,500 family justice professionals in England and Wales who believe in a constructive, non-confrontational approach to family matters or the Law Society Panel (Advanced Level).
