Living Abroad but Connected to the UK — Can You Still Bring a Claim Here?
Many of our clients live internationally—whether for work, family, or lifestyle reasons. A common question we are asked is:
“If I’m living abroad, can I still deal with my divorce or finances in England?”
The answer often depends on two key concepts: habitual residence and domicile.
Where Are You Living vs Where Is Home?
The law draws an important distinction between:
- Where you are currently living, and
- Where you consider your long-term home
These are not always the same.
You may be:
- Living in another country for several years, but
- Still closely connected to England
Habitual Residence — Your Current Life
If you have moved abroad and settled into daily life there—working, schooling, building a routine—you are likely habitually resident in that country.
This is particularly important in cases involving children.
Domicile — Your Long-Term Base
Even if you are living abroad, you may still be domiciled in England if:
- You intend to return one day, or
- You have not made a permanent commitment to staying abroad
This is often the case for professionals on overseas assignments or families who see their move as temporary.
Why This Can Make a Big Difference
England & Wales is often seen as a favourable jurisdiction for financial claims following divorce.
If you remain domiciled here, you may still be able to:
- Start divorce proceedings in England, or
- Bring a financial claim here—even after a divorce abroad in some cases
This can significantly affect the outcome.
Timing Matters
International cases can involve a “race” between jurisdictions. Acting early can be crucial in securing the right forum for your case.
A Practical Example
A family moves overseas for work. After several years:
- Their day-to-day life is abroad (habitual residence), but
- They plan to return to the UK in the future (domicile)
Depending on the circumstances, England may still play a central role in resolving their financial matters.
Key Takeaway
Living abroad does not necessarily mean you have lost your connection to England in legal terms.
Understanding your position early can help you make informed decisions and avoid unexpected outcomes.
Speak to Our Team
If you are living internationally or have connections to more than one country, we can help you understand your options and plan the best approach for your circumstances.
This article is for information only and should not be relied on as legal advice. For specific advice, please contact our expert solicitors.
Zubair Dharamsi Gowsigan Gnanakumaran Maisa Riazi
Partner Solicitor Trainee Solicitor
zd@roselegal.co.uk gg@roselegal.co.uk mr@roselegal.co.uk
