Divorcing a spouse who lives abroad

Service outside the jurisdiction, timescales, and what to do when your spouse cannot easily be reached.

Updated 19 August 2026·5 min read
Written by CalmSplit Editorial TeamReviewed by Ramani GillLast reviewed 19 August 2026England & Wales

You can divorce in England & Wales even if your spouse lives overseas, provided the court has jurisdiction through your residence or domicile.

Service

  • Email service is often permitted and is by far the fastest route.
  • Postal service abroad works but can be slow.
  • Some countries require service through official channels, which adds months.

If they will not engage

You can apply for deemed service where there is evidence the papers reached them, or for alternative service by another method such as a messaging app.

This article is general information about the law of England and Wales, not legal advice. For advice on your situation, speak to a solicitor.

Frequently asked questions

Do they have to consent? ▼

No. Under no-fault law the divorce proceeds whether or not they agree.

Will an English order be enforceable abroad? ▼

It depends on the country. Take local advice where significant assets sit overseas.

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