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In April 2022, no-fault divorce took effect in the UK, making it easier for couples who are eligible for divorce in the UK to bring their marriage to an end. Divorce is never easy, but the new laws bring an end to the requirement to blame one party for the breakdown of the marriage, making the process more straightforward and less likely to involve high levels of conflict. But, is getting divorced in the UK the best option for you? You can apply for a divorce in a country other than where you live or work, or even where your permanent home is – this is referred to as international divorce.

International divorce is common, as many couples end up living in different countries or are of different nationalities. In international divorces, there are two stages to choosing where you would like to get divorced. Firstly, working out where you are eligible to divorce, and secondly if there is more than one option, choosing which jurisdiction is right for you. In this article, we look at the changes brought about by no-fault divorce in the UK, as well as how to choose which jurisdiction you should select for your divorce.

No-fault divorce explained

The previous divorce laws in the UK often resulted in unnecessary conflict by making it mandatory that couples decided who was at fault and caused the breakdown of the marriage. Divorce is a highly emotional process, and the ‘blame game’ only adds additional stress to the parties.

Under the new laws, couples no longer need to assign ‘blame’ for the breakdown of the relationship and may cite ‘irretrievable breakdown’ as the reason for wanting to get divorced. An important aspect of this change is that irretrievable breakdown can be cited as a mutual decision, or by one party to the marriage or civil partnership

Either party to divorce proceedings can provide a statement which sets out that the relationship has broken down. They will not be required to provide further evidence, such as evidence of adultery or unreasonable behaviour.

This change also means that one party to the marriage cannot contest a divorce where their spouse has begun divorce proceedings. This change makes the UK a very attractive place to get divorced for many people. There is limited conflict now in UK divorces, making getting a divorce much more streamlined.

Is it better to get divorced in the UK?

Divorce laws vary greatly between jurisdictions. If you have the possibility of getting divorced in more than one country, you will need to consider the impact your choice could have on many different things, including:

• The costs involved
• The financial orders that the court can make and also whether they are likely to go in your favour
• How long the process might take, in particular how long it may take to settle your finances
• How you can make arrangements for children and how long it will take for these formal arrangements to have effect
• Whether it is easy to enforce a court order from another country in the country where you live or work

After considering your options carefully, you may determine that getting divorced in one particular country is likely to benefit you financially. Some legal systems favour men over women in how the court treats divorce settlements. It may also take significantly longer or be more costly to get divorced somewhere else, so you should carefully consider your options and discuss your concerns with an experienced international family law solicitor.

It is also important to consider whether it is practical to get divorced in another country. Divorce is very stressful, which can be made worse when the divorce proceedings in another country are particularly long and drawn out. You may also wish to consider whether you speak the language of the country where you plan to divorce, as this could make the process confusing and concerning for you.

Contact Our UK Divorce Solicitors based in Manchester, London and Birmingham

Our team is experienced in divorce proceedings with an international element and financial settlements. To arrange an initial consultation about divorce, call our specialist Divorce Solicitors on 0330 107 0107 or complete our online enquiry form, and we will get back to you.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.