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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

International divorce

29 replies

appleandcarrot · 28/03/2026 13:48

I am currently going through a divorce with my British husband, and we have two British children together. I am not a British citizen and currently hold a spouse visa, but I plan to apply for a family visa as the parent of British children. My soon-to-be ex-husband is living abroad with his girlfriend.

He initiated the divorce and has made a financial offer that I believe is significantly inadequate. My solicitor is currently reviewing and responding to this.

If he continues to make unreasonable offers and fails to meet our legal and financial needs, I would like to understand my options. Specifically, would I be able to relocate to my home country with my children, given that they hold dual nationality?

Can the UK family court require me to remain in the UK with the children, even though their father is living overseas and not providing sufficient financial support?

OP posts:
millymollymoomoo · 01/04/2026 13:41

It would still be classed as abduction

of course if he doesn’t live in the same country as his children it becomes more probable that op would gain permission to remove the children but she should not follow proper legal channels should should wish to relocate - which is gain ex explicit permission or seek legal consent via specific issues order

i agree the current priority is seeking Fair financial settlement based on her needs and ex ability to pay based on staying where the children are currently settled. It sounds likr he’s a high earner and possibly enough assets to Do so but op needs to follow advice of her solicitor who will be in receipt of all facts

SickandTiredofEverything · 02/08/2026 09:57

I am not a lawyer but am close to two people who have been in similar situations so based on advice they received I would say you don’t need to go to court at all if the father has no objections. Also, if you just left, would he know in order to object given he is not here? He only has 1 year to apply under the Hague convention to force their return in order for the court to decide (assuming your home country is even a signature). Would he be bothered to go to that effort when he found out? Finally, whilst the court can decide on the children, they have no powers over YOU. So let’s assume worst case the father objects and you went to court. You could tell the court you are leaving regardless of the outcome because you cannot bear to remain here. I cannot imagine any court refusing to let the children go with you in order to either go into care or go to a third country to be with a parent they have barely seen recently. That would hardly be in their best interests. So whilst how it happens is not clear, I think if you want to go, you can make it happen.

Dilemma999 · 03/08/2026 07:47

Do not just up sticks and move - that will be abduction and you’d lose the kids altogether. You need the father’s consent, preferably via solicitors.

Newbutoldfather · 03/08/2026 08:29

Maybe I have misunderstood but the tone of your OP does suggest that you are using the threat of relocation as a negotiating tool to achieve a better settlement, and that you actually want to remain in London.

As many posters have said, that won’t turn out well for you.

You need to focus on one thing at a time and the first is the settlement (well, the very first is a short term settlement to support the children during the process, something your solicitors should be on top of).

Again, as PP have said, you are unlikely to get income beyond money for the children. What you will get is a share of the assets, which could be well over 50% depending on the length of the marriage and your legitimate needs. But, it is reasonable needs, not wants. And you will be expected to optimise your own income.

After you have agreed the settlement is the time to consider what is best for you and the children long term. And then you can think of applying to the court for relocation if you still want it.

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