Assumption: "We moved abroad years ago, so I cannot get divorced in England — I am stuck with whatever the foreign court decides."
1 min readThis content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.
What People Expect
Living abroad for years means you lose your English domicile and can only divorce in the country where you now live.
Court Reality
In Ferrara v Ferrara [2026] EWCA Civ 512, the Court of Appeal confirmed that living abroad for years does not automatically extinguish an English domicile of choice. Where you have strong connecting factors — years of adult life, children born in England, enduring ties — English jurisdiction can remain available. A foreign divorce can leave you financially destitute if you unknowingly signed a foreign property regime.
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The Gap?
"We moved abroad years ago, so I cannot get divorced in England — I am stuck with whatever the foreign court decides."
Court Reality
In Ferrara v Ferrara [2026] EWCA Civ 512, the Court of Appeal confirmed that living abroad for years does not automatically extinguish an English domicile of choice. Where you have strong connecting factors — years of adult life, children born in England, enduring ties — English jurisdiction can remain available. A foreign divorce can leave you financially destitute if you unknowingly signed a foreign property regime.
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