Getting a divorce in the UK while living in the US?

[gleerocks123]

Hi, I’m looking for some advice on the behalf of someone else. She is about to start the divorce process, but both her and her husband live in the US (with green cards, if that makes a difference) - they are British and got married in the UK. They have a house in the UK that will have to be sold and proceeds split somehow. There are no children. So - do they need to get the legal side of things done in the UK or the US? I’m assuming UK, because of the house, but obviously it will be hard to actually see a solictor. Do solicitors do Skype apppintments? Thanks...

Whether you can get a divorce in England depends on whether you are domiciled here. Domicile is a complicated legal concept dependant on many factors. If they are found to have acquired domicile in the US they will have to divorce over there.

If they divorced overseas, the English courts have powers to make orders in relation to property in England if it wasn't addressed by the overseas divorce.

If the property is in Scotland or Northern Ireland, then there will be different laws.

Solicitors can take overseas clients as long as money laundering ID checks are done.

I see, thanks for your advice! How do you know if you are domiciled somewhere...? Or from what you are saying, perhaps only a solictor who has all the facts would be able to tell her?

It doesn't sound like they are Expats in the traditional sense, but some aspects of expat divorce may be worth considering. I know a couple who found the podcast here useful for things to consider.

Thanks SandLand, I’ll pass that on.