Alison Hill

This is something as divorce solicitors we are often asked and on many occasions we are able to say YES!

There are some technical factors which need to be considered.

Firstly, the law in England and Wales is different to the law in Scotland. If you consider yourself to be a Scottish citizen or have a stronger connection with Scotland than England you should take advice from a solicitor qualified in Scotland.

If one of you is Scottish and the other from overseas or from England however you may still be able to divorce in England.

The main issues to consider,however, are that of domicile and residence. This will determine which legal system has jurisdiction should you wish to obtain a divorce.

The first thing to note is that ‘residence’ and ‘domicile’ is not the same thing. You may have been a resident of Spain, for instance, for many years and still be domiciled in the UK for legal purposes. Domicile is a somewhat obscure legal concept but means, basically, that you have a ‘legal connection’ with England and that the English courts therefore have jurisdiction to grant you a divorce.

Unless you have relinquished your domicile by:

• taking out foreign citizenship or naturalization or
• cutting all ties with England and having the intention to remain in your chosen country for the rest of your days
then in most circumstances anyone originally from England or Wales can use the English Courts, on the basis that they are ‘domiciled’ in the UK.

Woolley & Co, Solicitors, based in England, provide advice to British expats on whether they can apply for a divorce through the UK courts. Visit www.family-lawfirm.co.uk for more details.