How Long Does an International Divorce Take?

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How Long Does an International Divorce Take?

If your divorce involves more than one country, you will want to know not only when the marriage can legally end, but when the financial and family issues are likely to be resolved. A straightforward divorce in England and Wales typically takes at least seven months, but disputes about jurisdiction, serving documents abroad, overseas assets or arrangements for children can extend the wider process considerably. Identifying those issues early can help you avoid unnecessary delay and build a realistic timetable from the outset.

It is also important to distinguish between legally ending the marriage and resolving the wider issues arising from it. The divorce itself may be completed while finances or international child arrangements remain ongoing.

Our international divorce lawyers regularly advise where spouses, assets or children are connected with different countries. We can identify the jurisdictional and practical issues likely to affect your case at an early stage, coordinate advice across jurisdictions where necessary and provide a realistic timetable based on your circumstances.

At a Glance: How Long Does an International Divorce Take?

If an international divorce proceeds through the courts in England and Wales, the legal divorce is subject to the same mandatory waiting periods as other divorces. The statutory minimum is 26 weeks, although GOV.UK guidance advises that the process should generally be expected to take at least seven months in practice.

However, the wider international divorce process can take considerably longer. The main factors that affect the timetable include:

  • Whether England and Wales has jurisdiction to deal with the divorce
  • Whether another country could also hear the case
  • How quickly divorce documents can be served on a spouse living abroad
  • Whether documents need to be obtained or translated from another country
  • The location and complexity of overseas assets
  • Whether a financial settlement is agreed or disputed
  • Whether there are international child arrangements to resolve
  • Whether court orders need to be recognised or enforced in another jurisdiction

It is advisable to seek specialist legal advice as early as possible for a more accurate estimate of how long your divorce might take, based on your family's individual circumstances.

What Is the Usual International Divorce Timeline?

Where divorce proceedings are issued in England and Wales, the core divorce process is the same whether or not the marriage has an international element.

The main stages are:

  1. Starting the divorce application: one spouse can apply individually, or both spouses can make a joint application. The divorce application  is sometimes still referred to informally as a divorce petition.
  2. Service of the application: where there is a sole applicant, the application needs to be served on the other spouse. This stage can take longer when that spouse resides in another country.
  3. The 20-week waiting period: at least 20 weeks must pass from the date the application is issued before the applicant or applicants can ask the court to make a conditional order.
  4. Conditional order: this order confirms that the court sees no legal reason why the divorce cannot proceed. At this stage the divorce is not yet final and the parties are still legally married.
  5. Final order: after the conditional order is made, at least six weeks and one day must pass before the final order can be requested. Once the court has made the final order, this legally ends the marriage and the parties are divorced.

The waiting periods built into the divorce process mean that a straightforward divorce in England and Wales cannot be accelerated beyond the statutory minimum. In practice, the divorce process typically takes at least seven months.

For a fuller explanation of the divorce timetable in England and Wales, read our guide to how long a divorce takes.

The final order may not mark the end of every legal issue associated with the divorce. Financial proceedings, jurisdiction disputes or child arrangements can continue separately and may still need resolving.

What Can Make an International Divorce Take Longer?

Several factors can affect the time an international divorce takes, particularly where lawyers, courts or financial professionals must coordinate across multiple jurisdictions.

Deciding which country should deal with the divorce

Jurisdiction determines which country's courts can deal with the divorce. Where spouses live in different countries or have strong connections to more than one country, several legal systems will be relevant.

For proceedings in England and Wales, jurisdiction may depend on habitual residence, domicile or another relevant legal connection. Domicile can be particularly important: a person born in England or Wales, or who has made their permanent home here, may retain an English or Welsh domicile even after living abroad for many years. In some circumstances, that connection may be sufficient for proceedings to be brought here. The choice of country can also affect the approach to finances, maintenance and enforcement.

If jurisdiction is disputed, it should be resolved before the case progresses, adding significant time to international divorce proceedings. Taking advice before you start divorce proceedings can therefore be crucial where more than one country may have jurisdiction.

Serving divorce documents in another country

International service of documents can also affect the divorce timeline. If one spouse is living abroad, the application must be served in a way that complies with the rules applying to that country and the proceedings in England and Wales.

The time it takes to properly serve documents can depend on where the spouse resides, whether their address is known, and whether documents need to be translated. It also depends on the route available. Where the country is a party to the Hague Service Convention, documents are passed through a designated authority in that country, which is slower than domestic service but has a defined process. Where a country is not party to the Hague Service Convention, service may need to go through diplomatic channels, which can take considerably longer. 

The divorce cannot progress until the court is satisfied the application has been served correctly.

Obtaining documents and evidence from overseas

International divorce cases may require documents held in different countries. This can include obtaining the original or certified marriage certificate, particularly where the marriage took place abroad. If the marriage certificate is not in English, a certified translation may also be required.

Later in the process, overseas bank records, company information, property documents or pension information may also need to be obtained. Working across different legal systems and time zones adds time to each of these steps.

Gathering the relevant documents early, including the marriage certificate and information about assets in other countries, avoids delays later.

Resolving finances and overseas assets

For many international divorce cases, resolving finances takes longer than the legal divorce itself.

This is particularly likely where the divorce involves property, investments, bank accounts, pensions, trusts or business interests in multiple countries. Establishing their value, ownership and availability may require specialist evidence and advice in the relevant jurisdictions.

There may also be questions about whether a financial order made in England and Wales will be recognised or enforceable where an asset is located. High net worth divorces can add further complexity where wealth is held through international companies, trusts or offshore structures. Our financial settlement solicitors advise on cases involving international assets.

International arrangements for children

Issues concerning children are separate from the legal process of ending the marriage. Where parents or children live in different countries, decisions about where children should live, spend time or travel can therefore affect the overall duration of the family law proceedings.

Habitual residence can be important in determining which court should deal with international child arrangements. Cases involving proposed relocation, disagreement over international travel or concerns that a child may be taken to or retained in another country can require separate proceedings. Where there are concerns that a child may be taken to or retained in another country, urgent proceedings may be needed and should not be delayed.

The focus in children cases is on the child's welfare and best interests. Our international family law solicitors advise on cross-border child arrangements, international relocation and child abduction matters where more than one country is involved.

Can an International Divorce Be Completed More Quickly?

There is no single country that couples can simply choose in order to obtain the quickest divorce. A country's courts must have jurisdiction before they can deal with the marriage, and the relevant jurisdiction requirements will depend on the legal system involved.

If England and Wales has jurisdiction, the mandatory 20-week and six-week waiting periods will apply. However, careful planning can reduce unnecessary delay around those fixed stages.

Practical steps can include:

  • Establishing jurisdiction before the application is issued
  • Gathering your marriage certificate and other key documents early
  • Confirming where your spouse lives and planning for international service
  • Identifying assets held in other countries at the outset
  • Preparing for financial disclosure in advance
  • Coordinating family lawyers in different jurisdictions where overseas legal guidance is needed

The sooner the international issues are identified, the easier it is to build a realistic timetable and avoid the process becoming reactive.

Does the Financial Settlement Have to Be Finished Before the Divorce?

No. In England and Wales, the legal divorce and the financial settlement are separate processes. This means a final order can legally end the marriage even if financial issues have not yet been resolved.

However, that does not mean applying for the final order as soon as possible is always the right approach. It is sensible to seek legal advice before finalising the divorce if the financial position remains unresolved, so that the timing is considered alongside the wider financial strategy.

In international cases, financial proceedings may continue for considerably longer where assets are spread across different countries, valuations are required or court orders need to take effect in other jurisdictions. The date the marriage ends therefore does not necessarily tell you when the wider international divorce process will be complete.

How Much Does an International Divorce Cost?

There is no standard cost for an international divorce because the work required depends on the circumstances of the case.

Costs are likely to increase where jurisdiction is disputed, one party lives abroad, overseas lawyers are needed or complex assets are held across several countries. Translations, expert evidence and contested court proceedings can also add to the work required.

Many of the same factors affect time. A family lawyer can give you a more useful estimate once the countries involved and the main legal issues are known.

Is a Foreign Divorce Recognised in England and Wales?

A foreign divorce may be recognised in England and Wales if it meets the relevant legal requirements. Recognition is not automatic in every situation and can depend on where and how the divorce was obtained and the connection the parties had with that country.

This can matter if you intend to remarry, need to resolve financial claims in England and Wales or need a foreign divorce or related court orders to have legal effect here. Different rules can also apply to recognition in other countries, so a divorce recognised in one country will not necessarily be treated in exactly the same way everywhere else.

If there is uncertainty about the status of an overseas divorce, obtaining tailored legal advice can clarify whether it is recognised and whether any further steps are required.

How Can a Solicitor Help Facilitate the International Divorce Process?

International divorce cases often require decisions to be made across more than one legal system. Taking advice early establishes the right strategy, reduces avoidable delays and gives you a clearer understanding of how long the international divorce process is likely to take in your circumstances.

A specialist family law solicitor can help by:

  • Establishing jurisdiction at the outset: where more than one country could deal with the divorce, we advise on which courts may have jurisdiction and the practical implications of starting proceedings in England and Wales.
  • Coordinating proceedings across different countries: we work with overseas lawyers and other professional advisers where advice is needed in more than one jurisdiction.
  • Managing international service and documentation: this can include planning how divorce documents will be served abroad and identifying any marriage certificates, translations or other documents that will be required.
  • Addressing overseas assets and financial arrangements: where the divorce involves property, investments, pensions, trusts or business interests in different countries, we coordinate disclosure, valuations and the wider financial settlement.
  • Advising on international children matters: where children live abroad, relocation is proposed or child arrangements involve different jurisdictions, we provide clear, child-focused advice on the appropriate next steps.
  • Planning the overall timetable: by identifying the main legal and practical issues early, we will give you a more realistic view of the stages involved and where delays are most likely to arise.

There is rarely a single answer to how long an international divorce takes. Early advice allows all of the relevant factors to be assessed together and helps keep the process as structured and efficient as possible.

Talk to Us

If your divorce involves more than one country, our international family law team can help you understand your position and plan the process from the outset.

We advise on jurisdiction, overseas assets, international financial settlements and cross-border children matters, providing clear, strategic guidance throughout the international divorce process.

To discuss which country may deal with your divorce and what could affect the timetable, speak to our family law team in confidence. Call 0345 872 6666 or complete our online enquiry form to arrange a call at a time that suits you.

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