Jurisdiction

Jurisdiction refers to the country where court proceedings for your divorce, financial matters and child arrangements will be handled. If your marriage has an international aspect, jurisdiction becomes a key issue during a divorce.

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Can you divorce in more than one country?

The rules that determine jurisdiction - whether a court has the power to handle your case - vary greatly from country to country. If one spouse lives overseas or is a foreign citizen, you may be able to divorce in more than one country.

Eligibility usually depends on factors such as:

• Where you and your spouse live
• Your nationality
• Where you were married

If you can divorce in more than one country, the key question is: which country should you choose? If you have a choice, the laws in each country can lead to very different outcomes. For example, in Ireland, couples must live apart for two out of the previous three years before they can start divorce proceedings. In England, you only need to have been married for one year, which can make the process quicker.

Other differences include how assets are divided and whether spousal maintenance is awarded. 

How long does divorce take in different countries?

The rules on when you can start divorce proceedings and how long the process lasts vary widely. How long it will take to get a divorce can be a major factor, especially if you want to move on quickly or remarry. For example: 

• England and Wales: You must have been married for at least one year before applying. Under the no-fault system, the process takes a minimum of 26 weeks, but most divorces conclude in 8-12 months, especially if financial matters are resolved alongside the divorce. 
• Scotland: There is no minimum marriage duration, but you must show your marriage has irretrievably broken down. A simplified divorce is available for those who meet the criteria which only takes 4-8 weeks. A contested divorce usually takes 12 months.
• Ireland: Couples must live apart for two out of the previous three years before starting proceedings. Uncontested divorces can be completed within six months but contested divorces might take up to two years. 
• France: Although there is no mandatory waiting period, one of the ways a divorce can be brought is by showing you have lived apart for at least a year. Divorce in France has gone through some recent reforms meaning the process can now be much quicker. A mutual consent divorce can take a few months and a contested divorce could take up to 24 months.
• Germany: In many cases, you must live apart for at least a year before starting proceedings (or three years if one spouse objects to the divorce). Whilst a divorce is possible within 3-4 months, most divorces take 6-12 months. 
• United States: Rules vary by state, but many require a separation period. Uncontested divorces can be completed in 1–3 months, while contested cases often take 6–12 months or more.
• Australia: You must be separated and living apart for 12 months before starting proceedings, and for those who have been married for two years or less, there are additional criteria to meet. The process usually takes 3–6 months.
• UAE: Under the civil law system for non-Muslims, uncontested divorces can be finalised in 1–3 months, while contested cases may take 4–12 months.
• Hong Kong: You must have been married for at least one year before applying. Uncontested divorces typically take 6-9 months but contested cases could take much longer.
• Singapore: For those that can take advantage of the simplified process, a divorce can be obtained within four months. Contested cases are more likely to take 12–18 months or more.
• South Africa: Although there is no minimum waiting period, one of the grounds for a divorce is living apart for at least a year. Uncontested divorces can be completed in as little as 4–8 weeks, while contested cases may take up to three years.

Real-world example:

In 2014, the English High Court voided 180 divorces obtained by Italian couples who used fake English addresses to avoid Italy’s lengthy process - highlighting how significant these differences can be.

When comparing jurisdictions, these aspects of the financial process often vary:

• Property regimes: Community property vs separate property systems.
• Treatment of pre-marital assets: Whether assets owned before marriage are included in the division.
• Approach to inherited wealth or gifts: Some countries exclude these from marital property.
• Spousal maintenance rules: Duration, amount, and whether maintenance is awarded at all.
• Child maintenance calculations: Formula-based vs discretionary approaches.
• Pension sharing: Whether pensions are divided and how.
• Business interests: How family-owned businesses or shares are treated.
• Tax implications: Capital gains tax, transfer taxes and timing of asset division.
• Enforcement of financial orders: How easy it is to enforce disclosure and compliance.
• Treatment of international assets: Whether foreign property is considered and how it is valued.

These differences can dramatically affect the financial outcome of a divorce. If you have a choice of jurisdictions, speaking to a specialist family lawyer is essential to help you understand your options and make the best choice for your circumstances.