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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.
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0845
009 5639
