What happens if your relationship breaks down when you’re living abroad?

There are many reasons why couples choose to move overseas, whether for job opportunities, to be closer to family, or simply to enjoy a different lifestyle and climate. However, when a relationship breaks down whilst living abroad, the situation can feel uncertain. Navigating a separation in a foreign country can add layers of complexity and can make an already difficult time feel overwhelming.

This blog explores some of the key issues that may arise when a relationship ends abroad, outlining practical first steps and important considerations to help you regain a sense of control and make informed decisions, moving forward with clarity and confidence.

Which Country’s Laws Apply?

A sensible first step is to determine the appropriate jurisdiction. This means identifying which country’s courts have the authority to deal with legal issues arising from the separation, such as divorce, financial matters, and arrangements for children.

Key factors to consider include:

• Habitual residence: the country where a person lives.
• Domicile: the country a person considers their permanent home and with which they have a substantial connection. A person is assigned a domicile at birth (often their country of origin), but this can change if they settle elsewhere with the intention of making it their permanent home.

The rules around jurisdiction vary depending on the legal issue and the applicable legislation. Laws can differ significantly between countries, so if you have connections to more than one country, it is important to seek legal advice in each relevant country to determine:

1. whether you have jurisdiction there (i.e. whether that country’s laws apply to you); and
2. what the likely outcome would be based on your individual circumstances if those laws were applied.

If more than one country has jurisdiction, it is important to consider which country’s legal system may be more favourable to you and to commence proceedings there, if appropriate. This is because the first in time to issue between you and your spouse will likely secure jurisdiction in that country.  This can lead to what is sometimes referred to as a “jurisdiction race,” where each party seeks to issue proceedings first in their preferred country before the other. For this reason, if your relationship has sadly broken down, taking early legal advice is essential to understanding and protecting your position.

Divorce

If you decide to formally end your marriage while living abroad, you will need to consider which country (or countries) you are entitled to divorce in.

The courts of England and Wales have jurisdiction to deal with divorce proceedings if, at the date of the application, any of the following criteria are met:

• both parties are habitually resident in England and Wales;
• both parties were last habitually resident in England and Wales and one still resides there;
• the respondent is habitually resident in England and Wales;
• in a joint application, either party is habitually resident in England and Wales;
• the applicant has lived in England and Wales for at least one year immediately before the application;
• the applicant is domiciled and has lived in England and Wales for at least six months before the application;
• both parties are domiciled in England and Wales; or
• either party is domiciled in England and Wales.

This means that even if you are currently living abroad, you may still be able to apply for divorce in England and Wales if you and/or your spouse remain domiciled here (continue to have sufficient connections).

If one party to a marriage applies for divorce in England and Wales it is possible for the other to dispute the application, on the ground of jurisdiction. In such cases, the court must determine forum conveniens (Latin for most convenient forum) by applying the ‘closest connection test’ which includes hearing evidence relating to the parties habitual residence, domicile, as well as factors such as the location of assets and enforceability of any financial orders, before determining which country is the appropriate forum. The court will also consider who was first in time to apply for divorce and in which country, which is why it can be important to act fast if you decide that you are ready to divorce to seize jurisdiction in the country that is most favourable to your circumstances.

Finances

In England and Wales, divorce proceedings and financial remedy proceedings are separate, although closely linked. The Courts cannot deal with financial matters unless they also have jurisdiction over the divorce.

Couples are encouraged to reach financial agreements between themselves, either directly, through mediation or another non-court dispute resolution process. Any agreement reached must be approved by the court to become legally binding and to formally sever financial ties arising from the marriage. This is known as a financial consent order. To apply for a financial consent order, a copy of the Conditional Order in the divorce proceedings must be submitted. So, it is only once the Courts in England and Wales have granted the Conditional Order of divorce that the Court also has the jurisdiction to consider and approve any financial agreement reached between you and your spouse.

If it is not possible to reach an agreement on the finances, it is open to either party to make an application to the court to start financial remedy proceedings. To make this application you must provide the court with a copy of your divorce application, confirming that England and Wales have jurisdiction.

However, in some countries, courts may have jurisdiction over financial matters even if the divorce is taking place elsewhere. If your spouse could bring a financial claim in another country where the outcome may be less favourable to you, it may be advisable to take early steps to issue financial proceedings in England and Wales to secure jurisdiction here.

Children

In England and Wales, the Children Act 1989 governs matters relating to children, including arrangements for where a child lives and how much time they spend with each parent, as well as issues of parental responsibility.

Under this legislation, the courts of England and Wales will generally have jurisdiction if a child is habitually resident or physically present in England and Wales.

If you are living abroad with your children, England and Wales will not usually be the appropriate jurisdiction for resolving disputes concerning them. In these circumstances, it is important to seek legal advice in the country where the children are living, as that country’s courts are likely to have authority to make decisions in relation to their welfare.

How we can help?

Navigating the breakdown of a relationship is never easy and doing so while living abroad can add an extra layer of complexity. Questions around jurisdiction, divorce, finances, and arrangements for children can quickly become overwhelming, particularly where more than one country may be involved.

Taking early, specialist legal advice from a family lawyer experienced in international issues is crucial to understanding your rights, protecting your position, and making informed decisions about the next steps. With the right guidance, it is possible to bring clarity to what may feel like an uncertain situation and to move forward with greater confidence.

If you would like to speak with a member of our team, please get in touch for a confidential discussion about your circumstances.

Eden Palmer is a family law specialist based in our Horsham team. She can be contacted for a confidential discussion about any family law issue.