John R QuinnJohn R Quinn
  • Home
  • Home
  • Services
    • Marriage & Prenuptial Agreements
    • Divorce & Separation
    • Property & Financial Arrangements
    • Wills & Succession Act
    • Children & Parenting
    • Overseas & Expatriates
  • Our Lawyers
  • FAQ
  • News
  • Contact Us
(+61 2) 9283 3344
Home In the media What happens if my marriage breaks down whilst living in England?

What happens if my marriage breaks down whilst living in England?

Written by David Hodson, International Family Law Specialist

Posted on Australian Times. co.uk, 5 February 2014

Q: My wife and I were married in Sydney fifteen years ago and have been living and working in London since 2005. We both had fantastic jobs in the City and have done very well for ourselves financially whilst living in the UK. Sadly our marriage has not been as successful. My wife has recently said that she wants a divorce; do we have to go back to Australia in order to get divorced or can we divorce here?

A: You do not need to get divorced in the same country in which you were married. The English courts can deal with any issues concerning a marriage which took place abroad as long as you can show a sufficient connection with England (known as “jurisdiction”). However the Australian courts may also be able to deal with the divorce and related financial matters.  You should take advice as to which country is better for you.

It is important to tread carefully in these circumstances – divorce and any financial claims following the breakdown of marriage can be a complicated area for international families. Financial outcomes following divorce can vary dramatically from country to country. Whereas England has famously gained a reputation for being the “divorce capital of the world” because of the generous financial awards spouses can receive, other countries can make much less favourable awards to former spouses.

There may be other factors to bear in mind. Different countries vary in the time proceedings can take, the extent of enquires into the financial circumstances of each party, the laws relating to sharing pensions and overseas property and how easy it will be to enforce any court decision.

Q: So issuing in one country rather than another can matter a lot?

A: Yes, it may be much more advantageous for proceedings to take place in one country than another. You need advice from a specialist lawyer to help you to compare the likely outcomes in each country and to choose where best to issue.

Q: Is it different if we have connections with another EU country?

A: Yes, within Europe the decision as to where proceedings will take place comes down simply to who issues proceedings first.  Outcomes around Europe differ even more than England-Australia so issuing first is of the essence!

Q: How are Australia and England different?

A: England more often grants alimony/spousal maintenance orders than Australia. Although England starts more often with equality of marital assets, Australia places greater weight on contributions. Australia needs 12 months separation for a divorce but in England it can often be immediate. It can vary case by case as to which country favours which spouse. Urgent specialist legal advice should therefore be taken to navigate the complex issues at play before taking any further steps.

Back to News


Contact Us

John R Quinn & Co. Family Lawyers
Level 12, 60 Park Street
Sydney NSW 2000

The closest train stations are Town Hall, taking the Park Street exit, or St James Station, taking the Elizabeth Street exit. John R Quinn & Co. is on the corner of Park and Elizabeth.

Best parking is in the Domain parking station. Take the moving footway and cross Hyde Park to reach our offices.

Phone
(+61 2) 9283 3344
Email
mail@quinnlawyers.com.au
Fax
9283 3366

In The Press

The government still wants a Family Court merger — new research shows why this is not the answer

October 13, 2016quinn lawyers

Courts are delighted to welcome new judicial appointments

October 13, 2016quinn lawyers

'I'm not interested in just more reviews': Anne Hollonds on the struggle to protect Australia's children

October 13, 2016quinn lawyers

A decades-long crisis: the battle to fix Australia's 'broken' family law system

October 13, 2016quinn lawyers
More

John R Quinn News

John R Quinn & Co Welcomes Lawyer, Mark Borda & Senior Legal Secretary, Jane Norton

October 13, 2016quinn lawyers

The 'International Academy of International Lawyers' becomes the 'International Academy of Family Lawyers'

October 13, 2016quinn lawyers

John Quinn is a fellow of the International Academy of Family Lawyers

October 13, 2016quinn lawyers

Barry Beilby brings Succession Act experience

October 13, 2016quinn lawyers
More

FAQ

Cost disclosure

What to expect from my first appointment with a lawyer from John R. Quinn and Co.

Why should I use John R. Quinn & Co?

Why use an accredited specialist lawyer when seeking a divorce?

More
John R Quinn & Co. Family Lawyers Logo black
Accredited Specialists in Family Law
© 2020. All rights reserved. Liability limited by a scheme approved under Professional Standards Legislation.