The grounds for divorce and procedure for divorce differs from country to country and sometimes from state to state, for example, in the USA or Switzerland.
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, for example, Malta.
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. Procedures also vary from country to country particularly in relation to disclosure of financial affairs.
This means that a couple with the same financial resources (house, other capital, income and pensions) 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 someone tries 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 our 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 a possibility of an international divorce, it is important to seek legal advice at an early stage (before considering, say, mediation in a particular country) 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.