Can You Get Divorced in England and Wales? Understanding Jurisdiction Rules

Posted 11 Jul, 2019

Before filing for divorce, one of the key questions to ask is “Can the courts in England and Wales handle my case?” Not everyone is automatically eligible to get a divorce in England and Wales. You must meet certain legal requirements for the courts to handle your case.

In England and Wales, the courts will only process a divorce if at least one of the following criteria applies to you or your spouse.

When Can You Apply for Divorce in England and Wales?

You can apply for a divorce if any of the following apply:

✔Both you and your spouse are habitually resident in England and Wales

✔You and your spouse were last habitually resident in England and Wales and one of you still lives here

✔Your spouse is habitually resident in England and Wales

✔You are habitually resident in England and Wales and have lived here for at least one year before filing for divorce

✔You are domiciled and habitually resident in England and Wales and have lived here for at least six months before filing

✔Both you and your spouse are domiciled in England and Wales

What Does ‘Habitually Resident’ Mean?

A person is habitually resident in a country if they have established their permanent or main home there. This usually means:

✔ Living there for an extended period
✔ Having strong personal, professional or family ties to the country
✔ Considering it their main place of residence

What If None of These Criteria Apply?

If you do not meet any of the above conditions, the courts in England and Wales may still have jurisdiction if:

✔ No other EU country has jurisdiction over your divorce
✔ Either you or your spouse is domiciled in England and Wales on the date you file the petition

Why Does Jurisdiction Matter?

Where you file for divorce can impact financial settlements, child arrangements and the overall process. Choosing the right jurisdiction can be crucial, especially in international divorces where different countries have different laws on spousal maintenance, division of assets and child custody.

Unsure If You Can Divorce in England and Wales?

If you are unsure whether you meet the legal requirements to file for divorce in England and Wales, get expert advice. Call us on 0800 014 8521 for a free consultation.