If you need a divorce you apply to the courts of the country in which you live or were married – right? Not necessarily, and for ex-pats or those originally from other countries who’ve made a home in the UK, it is far from being clear cut.

It becomes even foggier when you consider marriages across borders with children born in other countries. And neither of their parents may actually be native to the country where their child was born. This can often happen with people in the forces or diplomatic service, but increasingly also for ex-pats who have settled abroad.

These things can make a divorce process more complex – but by no means impossible. The essential thing is to select the jurisdiction that will deliver the right result for you. Germany, for example, might offer better financial terms for a male divorcee, whilst homemakers will tend to get a better deal from the English courts.

The first course should always be to consult a family law specialist experienced in international or ex-pat divorce. They will quickly be able to assess the situation and get things moving. Speed can be of the essence as you can only file for divorce in one country and it’s ‘first come, first served’. So if a person decides they want to use the British courts, they need to act before their partner to ensure this happens.

Anyone meeting any of the following criteria will need advice on the best place for them to divorce:

• If they are originally from England or Wales and currently living in another part of the world
• If they have lived outside the UK for a number of years and have only recently returned
• If they are from outside the UK but have made their home in England or Wales

The main questions to be answered are “where are they “domiciled” and “where are they habitually resident”? Domicile is a legal point which takes into account where a person was born, where they are living now and where they plan to live.

Using the English legal system is often much quicker, cheaper and more effective than attempting to use a local jurisdiction and is the most common course. There are though limitations on what can be agreed and arranged over things like jointly-owned foreign property.

Woolley & Co has a number of lawyers with significant experience of dealing with cross-border and ex-pat divorce and will be happy to give an initial free over-the-phone 30-minute consultation to clients.

More on expat divorce here.

It is perhaps surprising to learn that 70 per cent of the UK population does not have a will. It is something that many put off as it forces a person to look at their own mortality and take some difficult decisions.

But Sue Jenden knows what a nightmare it can be sorting out probate affairs so her message is clear: plan ahead.

“People assume that if they haven’t got a will, everything will go to their spouse but this is not necessarily the case,” explained former London solicitor Sue, who set up Sue Jenden Associates two years ago, specialising in will-writing, probate and court of protection matters from her base in Barnt Green, near Birmingham.

“The way I work now gives me great flexibility. I see clients in their own homes which gives me a better understanding of their circumstances and they feel much more at ease.

“With so many recent changes in the laws on inheritance tax and trusts, it is vital people do take expert advice and spend time looking at the options. Part of my job involves explaining often complex legal concepts in a way that people find easy to understand.”

Of course anyone going through divorce or settled in a new, long-term relationship should give consideration to their will. This ensures all potential problems relating to financial matters have been addressed and instructions put in place to leave their affairs clearer to sort out should the worse happen.

Originally from the North East, Sue is now very much based in the Midlands. Though she has clients across the country, most come from Solihull, Worcestershire and Warwickshire.

Sue can be contacted either via email at info@suejenden.co.uk or by telephoning 0121 445 5874.

Women more likely to be left poorer by divorce

Women face a serious risk of being plunged into poverty after divorce – whereas men are often better off financially.

A recent study found that fathers in particular are left significantly wealthier, with their average available income increasing by a third. This is because most children live with their mothers after divorce.

The research was carried out by Professor Stephen Jenkins, a director of the Institute for Social and Economic Research.

His survey, called Marital Splits and Income Changes over the Longer Term, is the first to track the changing wealth levels in Britain associated with divorce.

At Woolley & Co, we find that many men lose a major part of their capital or at least the equity in the house so the study really should have looked at both capital and income. But perhaps it is the ability of the man to concentrate on his career in place of the children and, dare we say the relationship, that enables the increase in income.

Empty nesters fill home with greater happiness claim

Couples are less likely to divorce once their children leave home, researchers have suggested.

Far form the empty nest leading to greater confrontations as some believe, many parents enjoy a new lease of life in their relationship when the children leave as they rediscover the joys of being a couple.

The researchers, who studied a group of women over 18 years of their lives, found a marked increase in the happiness of their marriages after their offspring had left to stand on their own two feet.

But family law expert Andrew Woolley believes there is another side to this argument.

“We are approached by an increasing number of empty nesters who have stayed together for the sake of the children or who suddenly discover when their children leave home they really do have nothing in common,” he said.

“And because the relationships are longer and joint finances have built up over many years, the process of divorce can often be more complex and emotionally taxing.”

Read more: Divorce and the over 50s

Brits cyber-snoop on partners

More than 70 per cent of Britons admit to snooping on their partner online activity, according to a new survey.

The study, commissioned by online people search engine www.yasni.co.uk, revealed that although 48% say they trust their partner, 21% would check online activity anyway.

A total of 19 per cent admit their intrusive behaviour is down to jealousy, and 68 per cent said they would check their partner’s emails if they knew the password.

Woolley & Co’s own survey last summer revealed that the internet and text messages are increasingly contributing factors in a relationship breakdown.

“It might be that one of the parties has got in touch with an old flame via a social networking site, or explicit text messages are being exchanged. So while new technology is helping people keep in touch more easily, it is also making it easier for people to stray,” said Andrew Woolley.

Shahzea is “the London lawyer”

North London lawyer Shahzea Abbas Tahir is the latest family law solicitor to join Woolley & Co.

Shahzea, a specialist member of the Family Law Panel and of Resolution, the national organisation of family lawyers committed to non-confrontational divorce, separation and other family problems, will work from her Wembley base serving clients across London.

It brings the total number of solicitors at Woolley & Co to 15 – a growth of nearly 50 per cent since September – covering the Midlands, East Anglia, London, the South and South West.