x
Our website uses cookies. By continuing to use the site, you agree to our use of these cookies. To learn more about how we use the cookies and how you can manage them, please see our cookies policy.
Cross-Border Divorce: What are my Rights as a Non-EU Citizen?
Since Brexit, many crucial laws and aspects have changed, such as immigration, visa application processes and international trade. If you previously lived in the European Union (EU), and were married to an EU citizen, you may find that the divorce process is trickier to navigate. There are issues such as jurisdiction and your rights to consider when divorcing someone from the EU, so it is recommended that you seek legal advice as soon as possible.
In this guide, we will explore the jurisdiction in place for your divorce, whether your “settled status” will be affected, and whether your divorce will be recognised in the UK. We will also explore your rights when you divorce an EU citizen, and how qualified family law solicitors such as Giambrone and Partners can assist.
Click on the links below to jump to that section:
Discover where the jurisdiction lies when getting a divorce
Find out whether you could lose your right to live in a particular country following a divorce
Some overseas divorces are not recognised in other countries
Here are your rights when you get divorced from an EU citizen
Here’s how an experienced family law solicitor can help you
Find out how our lawyers can help you
Where Does Jurisdiction Lie in my Cross-Border Divorce?
Before the UK left the EU, divorce jurisdiction was chosen based on the “first in time” rule. This meant that if divorce proceedings were started in two different countries, the one that applied first would go ahead. Since Brexit, this rule no longer applies to England and Wales. Jurisdiction for divorce law and proceedings is now based on the “closest connection,” and the courts will consider several factors such as the couple’s nationalities, where the couple work, and the location of their home.
For instance, if one spouse started divorce proceedings in England, but the other started them in Spain, it will no longer be a case of who started proceedings first. The courts will decide in this instance, but disagreement over where jurisdiction lies can lead to cross-border legal disputes and can predict contentious divorce proceedings.
Couples who wish to separate amicably and want to divorce in the same country can choose their jurisdiction. You can find out more about how Brexit has affected divorce between British and EU citizens in our previous guide here.
Can I Lose My Settled Status if I Get Divorced?
If your marriage allowed you to become a resident in another country, you will not lose your citizenship or settled status just because you got divorced. If someone followed the correct protocol to become a British citizen, this will not be lost after the divorce. Your settled status also won’t be affected under the EU Settlement Scheme.
The European Economic Area (EEA) Rights of Residence means that a non-EEA individual (for example, from England or Wales) can remain in an EEA country even if they divorce from their spouse. However, one or more of three requirements must apply: the marriage must have lasted three years or more before proceedings were started, the non-EEA spouse must have parental responsibility over shared children, or the non-EEA spouse was a victim of domestic abuse. Individuals can apply for permanent residence based on retained rights.
If you are worried about losing your residency status, talk to a qualified family lawyer experienced in your applicable jurisdiction and international divorce.
Will My EU Divorce be Recognised in the UK?
In most cases, divorces that took place in the EU will be recognised in England Wales, and vice versa. However, there are certain requirements that must be met.
If your divorce was granted in an EU country before 11pm on the 31st of December 2020, the divorce will be recognised in England and Wales. If the divorce was granted after this date, recognition may be affected. If the country you are getting divorced in is a signatory of the 1970 Hague Convention; all members of this convention will recognise each other’s divorce laws, including England and Wales.
If the country you divorced in did not sign the Hague Convention, divorce proceedings will rely entirely on the laws of that country, and recognition will be harder. If the divorce is valid in the country which it is obtained in and either spouse was domiciled or a national of the country, the divorce will most likely be recognised in England and Wales.
Either way, you should seek legal advice from an international family lawyer experienced in cross-border family law promptly.
What are My Rights When I Divorce an EU Citizen?
As previously mentioned, if you get divorced from an EU citizen and you live in an EU country, you will not lose your right to stay there as a permanent resident. You also have the right to work with your spouse and decide upon the jurisdiction under which your divorce proceedings fall.
Non-EU residents also have rights under the EEA rights of residence. You can discuss your rights in full with a qualified solicitor.
How Can a Solicitor Help Me?
It is always recommended that those wishing to get divorced seek help from a solicitor to ensure all matters are being dealt with professionally and legally. If you are divorcing someone from an EU member state, knowing your rights and where the jurisdiction applies can be difficult to understand. Family law solicitors can help you build a case and win jurisdiction, as well as custody of your children and rights to stay in the country which you are domiciled.
How Giambrone and Partners Can Assist
Our experienced family law solicitors at Giambrone and Partners can help you navigate your divorce by helping you gather the right evidence to build a strong case. We have solicitors from all over the EU, including Italy and Spain, who understand jurisdiction laws and have valuable knowledge at your disposal.
If you wish to book a consultation, please get in touch with our family law solicitors today.