It would be easy to assume that, if you are to divorce, then the appropriate place for the divorce to take place would be the country where:
- the marriage took place;
- the couple are citizens or lived their married life; or
- the couple are living at the time of the breakdown of the marriage
However, this is too simplistic. See also can I divorce in England? and can I divorce abroad?.
There are several reasons why it is important to consider where a divorce should take place early on in the process of separation if there is an international element to a couple’s situation.
The grounds for divorce and procedure for divorce differs from country to country and sometimes from state to state, for example, in the USA (see the procedure section).
In some countries, people can divorce simply because they have lived apart for a particular period of time. In others, some element of fault on the part of one of the couple is the basis for divorce proceedings. There are also countries in which divorce is not permitted.
The time and legal costs involved in getting divorced differ greatly from country to country. Different countries also approach the financial arrangements between couples on divorce in very different ways. (For England see the finances and how the courts approach finances sections).
This means that a couple with the same financial resources (house, other capital, income and pension) could end up with very different financial arrangements if their divorce is dealt with in England than if it were dealt with, for example, in France or one of the US states.
This has led to the practice of what is referred to as “forum shopping”. This is where very wealthy people try to choose the jurisdiction within which their divorce takes place so as to achieve the best financial outcome for them. Compared to many other jurisdictions England, for example, is often more generous on the levels of spousal maintenance awarded on divorce.
This had led to the press giving England the title of “divorce capital of the world”. A typical example is when wealthy women who want to divorce and achieve the best financial outcome for themselves arrange their circumstances to ensure that English courts have jurisdiction to deal with their divorce.
Different countries approach the arrangements for children following a divorce in different ways (see the children section).
It could therefore be unwise for someone contemplating divorce, in circumstances in which there is a connection with another country, to assume that it would be appropriate or advantageous for them to divorce in one country as opposed to another.
If there is an international element, it is important to seek advice at an early stage both in England (if that is one of the possible countries in which proceedings could be brought) and then in the other possible countries so that the advantages and disadvantages of proceeding in each country is weighed up and a decision made at an early stage.