Can Americans get divorced in the UK?

For Americans, getting divorced in the UK can be possible. The key stipulation is that one of the divorcing spouses is either from the UK or has legitimate connections to it. Referred to as an international divorce, many individuals opt to legally separate via English law even though they were married or live in the US. 

Divorce in your home country can be challenging enough, but divorcing as a foreign national can present even more obstacles. We look through the step-by-step process to give you an idea of what you can expect. 

Am I eligible to divorce in England or Wales? 

To be able to divorce in the UK, you will need to meet one of the below criteria: 

• Your spouse lives in either England or Wales
• Either you or your spouse lived in England or Wales, and/or one of you still resides there
• Either you or your spouse is domiciled in England or Wales 
• You or your spouse are habitually resident in England or Wales 
• If you have lived in England or Wales for the minimum of a year before commencing the divorce 
• If you have resided in the England and Wales for six months, and are domiciled in England or Wales 

Steps for getting divorced in the UK

If you are beginning the divorce process in the UK, (the Scottish and Northern Ireland legal systems are different) you will need to have been married for one year at least. 

1. The first action you will need to take is to file your reasons for the divorce with a UK court. 
2. Secondly, you will need to obtain a decree nisi which should be easily obtained if your partner is in agreement with the divorce. A court hearing will need to be undertaken if they are not. 
3. Following the acquisition of the decree nisi, you will be able to apply for the decree absolute which signals the final stages of your divorce. 

Will I have to attend court in the UK if I get a divorce there? 

You will not necessarily have to be in the UK. It can be possible to conduct matters, including meetings and court listings through the use of telephone or video calls in some cases. Many organisations, including the courts and solicitors have adjusted their working practices since the coronavirus pandemic, and as a result, some of these remote ways of working have been established long-term. 

What if I got married in the US? 

Modern weddings take place all over the world today, irrespective of where the couple may have been born or live. Sometimes, one or both of the partners may have been a resident in the US or another country. Regardless, you will still be able to get a UK divorce if you meet the necessary requirements. 

What claims can I make in my UK divorce?

When you divorce in the UK, you can make the following claims: 

• The division of any matrimonial assets, for example, property, pensions, investments.
• Same sex couples and unmarried couples’ financial claims.
• Child maintenance payments. 
• Financial claims for children. 

Conclusion 

Getting divorced in the UK is a popular route for many in the US. The English court system is perceived as fair and for those who were born and lived in the UK, it is a system they are familiar with. In addition, the no-fault divorce laws mean divorcing couples no longer have to assign blame for the breakdown of the marriage. The concept behind the change is that the potential acrimony often attached to a divorce is removed and the process will be cheaper for many as a result.