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FAQ's - If I got married abroad, will I be able to divorce in England

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Q?
We married abroad, can we still divorce in England?
A.
The issue is not where you married, but where each of you are living. You can divorce in England if either you, or your spouse are habitually resident or domiciled in England or Wales wherever you married, and whatever your respective nationalities.

Habitual residence is that one of you intends to remain living in England, and are actually living in England as evidenced for example by employment and the ownership of a home.

You can divorce if you are both habitually resident in England or Wales, or just one of you is habitually resident here, and the other lives overseas.

You can also divorce in England and Wales if you are domiciled here. There are different types of domicile:

  • Domicile of origin (where you were born)
  • Domicile of dependence (e.g. your children’s domicile)
  • Domicile of choice (where you choose to live)

So, if you were both born in England, but are for example overseas with HM Armed Forces, your domicile of origin is England, and you may divorce in this country.