Divorce location

Can I get a divorce in England?

You will be able to use the English courts to divorce or end your civil partnership if either you or your spouse have been living in England for at least a year or if either of you are domiciled in England (i.e. if you consider England to be your ultimate 'permanent home', even if you are not currently living in England). 

That covers the situation of most people getting divorced in England, but not all cases. Divorce law in England permits you to file for divorce if at least one of the following conditions applies to you:

  • Both you and your spouse are habitually resident (i.e., you live or spend most of your time) or you are both domiciled in England. 
  • You and your spouse were both last habitually resident in England, and one of you continues to live here.
  • The spouse making the divorce application is habitually resident in England and has lived here for at least a year before making their application, or is domiciled in England and has lived here for at least six months. 
  • Alternatively, the spouse against whom the divorce application is filed is habitually resident in England.
  • Either you or your spouse is domiciled in England (though this may not be the case for civil partnerships and same-sex marriages).  

Civil partners who have registered their union in England or same-sex couples who married in England may additionally be able to use the English courts if that appears to be in the interests of justice - for instance, if civil partners/spouses have moved to a country where civil partnerships are not recognised. 

It is possible that you are able to use the English courts to get a divorce, and that another country's laws also permit you to use their courts. In that case, both England, and the other country, will have rules about how to resolve that conflict.

In these FAQs and answers, we use 'England' as a shorthand for 'England and Wales' because England and Wales share a single legal system. Scotland, meanwhile, is a different legal system and has different rules for many aspects of family law.

We have also chosen to talk about 'marriages' most of the time (which may be between either an opposite or same-sex couple). Unless we say otherwise, what we have said is also true of civil partnerships (which may also be between an opposite or same-sex couple).

These FAQs (and our website more generally) contain general information based on English law as it stands at the date of publication, but they do not constitute legal advice, nor are they tailored to any couple or family's particular circumstances. Whilst we endeavour to ensure it is accurate and up to date, website users should seek appropriate legal advice before taking or refraining from any action based on the content of the website. We would, of course, be willing to assist with this, and you can contact us here.

Any pricing information is similarly general. Our clients' relationship with us is governed by the terms of the engagement letter sent to them at the beginning of their instruction.

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Our team of divorce law solicitors are on hand to help and support couples who are thinking about divorce.  Speak to one of our experts confidentially by phoning Sarah on the number below, or complete our online enquiry form and we will contact you directly.

Divorce and family services

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