Can I get divorced in England and Wales if I have lived abroad?

In England and Wales, the court can deal with your divorce or dissolution of your civil partnership if at least one of the following applies:

  • Both parties are habitually resident in England and Wales.
  • Both parties were last habitually resident in England and Wales and one party still resides there.
  • The respondent is habitually resident in England and Wales.
  • The petitioner is habitually resident in England and Wales and has lived there for at least one year immediately before the petition is filed.
  • The petitioner is domiciled and habitually resident in England and Wales and has been residing in England and Wales for at least six months immediately before the petition is filed.
  • Both parties are domiciled in England and Wales.

The term “habitually resident” relates to the country where you have established the permanent or habitual centre of your interests. This is usually the country where you live or spend the majority of your time.

Therefore, if you were married or entered into a civil partnership in England or Wales, but moved abroad and have since returned, you will still be able to issue proceedings to divorce or dissolve your civil partnership.

If you would like further information in respect of the procedure or the initial steps that need to be taken George Green’s specialist Divorce Solicitors would be more than happy to assist.

For further information or if you wish to discuss your matter with our family law solicitors in a free initial telephone consultation call Mark Vandaele on 01902 796930 (mvandaele@georgegreen.co.uk) at our Wolverhampton office or Rachel Baker on 01384 340 580 (rbaker@georgegreen.co.uk) at our Cradley Heath office.