Divorce when your spouse lives abroad
You can often apply for divorce in England and Wales even though your spouse lives in another country, provided you have a sufficient connection here. The main practical issue is serving the application on them abroad, which can take longer.
CalmSplit checks your circumstances for free before you pay, then prepares your application for a one-off £159 if your case is suitable for a self-help route.
- Jurisdiction usually depends on habitual residence or domicile, not your spouse's location
- Service abroad is possible but can add time
- Free suitability check before you pay
One-off CalmSplit fee. HMCTS court fees are paid separately to the court.
Check if CalmSplit is suitableAnswer a few free questions about your circumstances before you pay anything.
See how it worksCan the court here deal with it?
The courts of England and Wales can normally deal with a divorce where one of you is habitually resident or domiciled here. Being married abroad, or your spouse living abroad, does not by itself prevent an application.
Serving the application overseas
- Service by email is often possible where the court permits it
- Postal service abroad can take several weeks
- Some countries require service through official channels
- If your spouse acknowledges the application, everything moves faster
When to take advice
If divorce proceedings could also be started in another country, the order in which applications are made can matter. That is a situation where independent legal advice is worth taking.
Frequently asked questions
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