Divorcing a spouse who resides in another country can be particularly complex and raises an important question: how do you initiate divorce proceedings when your ex lives abroad? Determining which courts have jurisdiction and which law applies is a crucial step to avoid costly mistakes. Serving divorce papers abroad and complying with foreign legal requirements demand precision under international treaties. Expert legal advice can guide you through every step of the international divorce process. In such cases, emotional pressure often combines with complex legal hurdles — practical and tailored guidance is not just useful, it’s usually indispensable.
What makes divorcing a spouse who is in a foreign country more complex?
International divorce proceedings involve at least two legal systems, each with its own deadlines, languages and asset protection rules. You must consider where each spouse is habitually resident, where any children live, and where property or businesses are situated. High net worth families face extra layers of complexity because several jurisdictions may compete to divide substantial assets or set child support. Strategic “forum shopping” is common. It implies one spouse may relocate or file first in a country whose divorce law is more favourable.
It is essential to understand that different legal topics — such as the divorce itself, child custody, or financial maintenance — each have their own rules for international jurisdiction. This means that more than one court may be involved depending on the issue.
Which courts have jurisdiction when your spouse lives abroad?
Within the European Union, the Brussels II ter Regulation sets clear connecting factors to decide which Member State’s courts hear the divorce case. The first residence after the wedding, the habitual residence or the common nationality could be examples of such connecting factors. Outside the EU, Belgian courts rely on the Belgian Code of Private International Law to determine jurisdiction. Since there is no single global treaty that regulates jurisdiction, the Belgian law provides the criteria, such as one spouse’s Belgian nationality, habitual residence, or a year’s residence in Belgium.
However, the court that handles your divorce might not automatically be competent to rule on parental responsibility, residence of children or financial matters—each category may fall under a different set of rules and even under different treaties. A clear legal strategy requires separate analysis for each of these aspects.
The assessment may differ for financial claims, child custody or enforcement of a foreign divorce decree, so a tailored analysis is essential. Acting swiftly may be essential as the court first seized usually keeps the file, which can prevent parallel proceedings and reduce costs.
How to serve divorce papers to a spouse living in another country
In Belgium, one may file for divorce with the court. On the other hand, the other spouse must still be properly notified before the case proceeds. The Hague Service Convention offers a recognised route for transmitting judicial documents between more than 80 countries, including Belgium. Where the destination state is not a Convention member, service must respect local civil procedure rules or bilateral treaties, often via a foreign bailiff or letters rogatory. In practice you should also budget for translations, apostilles and a longer timeline, because service abroad may add several months to the divorce process. Choosing a Belgian “domicile of service” for the foreign spouse – such as the office of your lawyer – could help to avoid unnecessary bailiff fees if Belgian courts have jurisdiction.
Why Keyser Lawyers is your trusted partner for cross border divorce
Keyser Lawyers focuses on high end international family law and wealth management from its Antwerp base. As the Belgian member of the IR Global network, our firm coordinates seamlessly with quality correspondents worldwide, ensuring compliance with all relevant jurisdictions.
If you need to file for divorce while your ex-spouse resides in a foreign country, specialist advice in family and international divorce law is often indispensable. Feel free to contact our team to discuss your situation confidentially – we’re here to help you move forward with clarity and confidence.
