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In this episode of Divorce Talks with Irwin Mitchell, we explore what it really means to divorce in England when your spouse lives abroad — a situation that is far more common than many realise, especially for international families and expats.
Cross-border divorces raise complex questions. Can you still file for divorce if you don’t know where your spouse is? How do you serve papers overseas? What happens when you’re navigating two legal systems at once? And what risks should you be aware of before taking the first step?
To guide us through these issues, I’m joined by Clare Wiseman, partner and national head of family and international family law at Irwin Mitchell. With over 30 years’ experience advising national and international clients, Clare leads the firm’s international family team and specialises in complex cross-border cases involving finances, children, and international relocation.
In this episode, we discuss:
🌍 whether you can start divorce proceedings in England if you don’t know your spouse’s whereabouts
📄 the practical realities of divorcing while living in different countries, including online applications, remote mediation, and court hearings
⚠️ common (and costly) mistakes to avoid in international divorces — from immigration consequences to tax exposure and exchange rate issues
💷 whether English court orders can be enforced overseas, including financial orders and child maintenance
👨👩👧 the rights and responsibilities of a parent living abroad
🏡 the ongoing obligations of the resident parent, even when they are the primary caregiver
If you are navigating separation across borders — or simply want to understand the legal and practical implications — this episode offers clarity, expert insight, and essential guidance.