how long does an international divorce take

The international divorce process: How long does it really take?

International divorces are rarely straightforward. They involve different countries, international law, and multiple factors such as nationality, domicile, and where you actually spend most of your time. Compared to domestic proceedings, they are generally more complex and often take longer due to jurisdiction issues, language barriers, and varying divorce laws. Whether your split is amicable or contested, the overall divorce process depends heavily on which court handles the divorce proceedings. For international entrepreneurs or high-net-worth couples, asset division and spousal support frequently play central roles throughout the process, hence further complicating the matter. Keeping this in mind is crucial in order to find the right legal advice and assistance in order to avoid unnecessary delays and to protect your interests and assets. 

What is considered an international divorce?

An international divorce arises whenever a marriage or its dissolution involves a cross-border element. Common scenarios include: 

  • Spouses holding different nationalities 
  • Spouses living in a different country from their home country 
  • International divorce cases where spouses own property or other assets in multiple jurisdictions 

Circumstances such as these are governed by international law as well as local family law, adding extra layers of complexity. Each country applies its own rules to determine if its courts have the authority to decide the case. The chosen country’s laws may also affect asset distribution, child support, and spousal maintenance. Therefore, ensuring that a final divorce judgment is recognized wherever you live or hold assets is vital to avoid facing complications in one country or another. 

The first step: mapping out your legal strategy

Before initiating any court procedure, we always begin with a clear analysis of your international situation. What is your goal? Which country offers the most appropriate legal framework? And what is realistically achievable in terms of timing, costs, child arrangements, and asset protection? 

In this initial phase, we examine the available jurisdictions and assess which court is not only competent but also potentially most advantageous for your position — a process often referred to as forum shopping. We frequently collaborate with our trusted local correspondents in other countries to obtain strategic input before any decision is made.

Feel free to contact us to discuss your situation and explore which legal strategy and jurisdiction would best serve your interests. 

Choosing the right jurisdiction: How it impacts the duration of your divorce

Choosing the jurisdiction is not just a legal formality — it can make or break your timeline. In some cases, one spouse may file in a jurisdiction believed to be more advantageous. This is commonly referred to as forum shopping.  There have been cases where one spouse moved country specifically to initiate proceedings in a more favorable legal system — for example, the ex-wife of the Emir of Dubai relocating to London to seek a more substantial support ruling. 

Consider a Belgian-based couple with Dutch nationality: the financially weaker party might prefer filing in Belgium due to its generous maintenance regime, while the other might attempt to initiate proceedings in a country like Estonia or Poland where support obligations are far more limited. 

Furthermore, when a spouse lives abroad, serving documents and scheduling court dates could cause further delays. In some jurisdictions, you may be required to wait for periods exceeding 90 days just to secure an initial hearing date if one party resides on a different continent. Making strategic decisions early and choosing the right jurisdiction can dramatically reduce wait times and help steer negotiations and proceedings toward a more efficient conclusion. 

How long does an international divorce take on average?

Unfortunately, there is no single answer to how long an international divorce takes on average. However, the timeline typically hinges on variables such as: 

  • Agreement vs. dispute: An uncontested divorce, where both spouses align on finances and custody, can often be finalized in around 9 to 12 months while contested divorces usually imply a more strenuous process. 
  • Contested issues: Disagreements over asset division, spousal support, or which court should have jurisdiction can extend the process beyond a year. 
  • Urgent matters: In some cases, more urgent issues like child support or interim parenting measures may be treated with priority, even if the rest of the divorce process takes longer. 
  • Digital accessibility: Can court hearings be attended virtually? Is it practically feasible to schedule proceedings with both parties present across time zones? These logistical elements may impact the actual speed of the divorce. 

In very complex international divorce cases, especially those involving large estates or multiple overseas properties, the timeline can extend well beyond these estimates. Working with a knowledgeable lawyer who understands cross-border family law and can rely on a vast international network is key to streamlining your divorce proceedings and minimizing setbacks. 

Mediation: a key accelerator in international divorces

Mediation plays an increasingly important role in cross-border divorces. Unlike litigation, which can take years across jurisdictions, mediation allows parties to find mutually acceptable solutions more quickly. In our experience, mediation is especially effective when urgency is high — for example, when child arrangements or access rights must be resolved swiftly. 

Even if court proceedings are inevitable, a mediated agreement on key aspects can significantly streamline the process. 

Choosing the right lawyer and jurisdiction: Why it matters

International divorce defies a one-size-fits-all timeline. How long it takes depends on whether spouses can reach agreements, how complicated their finances are, and which court presides over the divorce process. In every scenario, it’s essential to have specialized legal advice. This is especially true for entrepreneurs, professionals, and families facing significant asset division and spousal support obligations. 

At Keyser Lawyers, we follow a structured, strategic approach. We map out every international link in your personal and financial situation. Together with our local correspondents — part of our global IR Global network — we create a tailored action plan that puts you in control, even before any legal action is taken. 

This approach is not only useful when litigation is required — it is also the ideal preparation for successful mediation, giving you full clarity about your position. 

Our hands-on style ensures efficient coordination among lawyers, courts, and other professionals, helping you avoid procedural bottlenecks, make well-informed choices, and reduce the overall timeline of your international divorce. 

LET US HELP YOU

Do you have questions about (international) divorce, inheritance or family law? Keyser Lawyers handles, among others, divorces and cases concerning maintenance, inheritance and parentage. Contact our law firm in Antwerp for a consultation with lawyers specialised in family law and family estate law, both in Belgium and abroad.

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