You can usually apply in England & Wales if at least one of these applies:
- Are you and your spouse both habitually resident in England & Wales?
Habitual residence is broadly about where your life is ordinarily based. It is more than simply being present somewhere temporarily.
- Were you and your spouse last habitually resident in England & Wales, and does one of you still live there?
This route can apply where England & Wales was your last shared habitual residence and one of you continues to live here.
- Is your spouse habitually resident in England & Wales?
This route may apply where the respondent/spouse is habitually resident here.
- Have you been habitually resident in England & Wales for at least one year immediately before applying?
This route may apply where you, as the applicant, have been habitually resident here for the required one-year period.
- Are you domiciled and habitually resident in England & Wales, and have you lived here for at least six months immediately before applying?
Domicile is a legal concept concerned with the country/nation you regard as your permanent home, taking account of the relevant facts and intentions. It is not simply the same as your current address.
- Are you and your spouse both domiciled in England & Wales?
Domicile is a legal concept and should not be reduced to ‘where you live’. If you are unsure, seek legal advice.
- Is either you or your spouse domiciled in England & Wales?
There are circumstances in which the court has jurisdiction where either party is domiciled in England & Wales. The precise circumstances should be checked against the current application rules.
Habitual residence. In simple terms, habitual residence is usually about where your life is genuinely based. It is not necessarily the same as your nationality, the address on your passport or the place where you happen to be staying temporarily. If your circumstances involve living in more than one country, get legal advice before relying on this questionnaire.
Domicile. Domicile is a legal concept concerning the country/nation that is your permanent home, or the place with which you have the closest permanent connection. You can have only one domicile at a time. Domicile can be legally complex, particularly where you have lived in different countries or have moved with an intention to settle elsewhere.
Legally recognised marriage. A marriage must be recognised as legally valid for the purposes of divorce in England & Wales. This can raise issues where a marriage took place overseas, where there are questions about the formalities of the marriage, or where more than one legal system is involved. If your marriage took place outside the UK, check the position carefully before relying on this guide.
