Navigating International Divorce: Insights from Dual-Qualified Lawyers – A Q&A Guide

Why Does Dual Qualification Matter in Family Law?

In an increasingly globalised world, international families are more common—and so are the legal complexities when relationships break down across borders. Whether you're Irish, Australian, or simply living abroad, understanding how different legal systems handle divorce and family matters is crucial.

Dual-qualified family lawyers like Caoimhe and April Wood bring unique advantages. They don’t just understand the law—they understand the culture of the courts, the practical realities of each jurisdiction, and how to protect clients from conflicting advice and duplicated costs.

Meet the Lawyers

Caoimhe

Irish-born and practising in England and Wales, I was admitted to the Roll of Solicitors in the Republic of Ireland in 2023. While I practise exclusively in England and Wales, my dual qualification enables me assist clients with assets, interests, or legal connections in both jurisdictions. I provide strategic support on cross-border family arrangements, drawing on my working understanding of Irish law and trusted contacts to help clients access reliable advice where needed.

April Wood

Qualified in England in 1997 and Australia in 2003, I have practised family law in both countries. I returned to England in 2015 and now practise exclusively in England and Wales.  I work closely with clients who have ties to both jurisdictions, offering practical and tactical guidance on cross-border family issues. While I do not advise on Australian law currently, my experience and connections allow me to help clients access trusted legal advice from Australia when appropriate. 

Key Differences in Divorce Law: England & Wales, Ireland, and Australia

What are the key differences in divorce timing across jurisdictions?

England & Wales: You can only apply for divorce after being married for one year. There is a mandatory 20-week “cooling-off” period before applying for the Conditional Order. Financial orders require divorce proceedings to have started.

If you haven’t been married for a year, you can still seek legal advice, enter into a post-nuptial agreement, prepare relevant documents, negotiate or mediate with your spouse, and have a consent order ready to lodge on your one-year anniversary.

Ireland: Divorce can be initiated at any time after marriage, but spouses must have lived separately for at least two of the previous three years. Separation can occur under the same roof if there is no marital relationship.

Australia: Divorce is based on 12 months of separation, even if under the same roof (with supporting evidence). Financial proceedings can be started independently of divorce.

What are the grounds for divorce?

England & Wales: The sole ground is that the marriage has irretrievably broken down. No fault or blame is required. Applications can be made jointly or individually.

Ireland: No fault is required, but the court must be satisfied that “proper provision” has been made for spouses and dependent children. Only individual applications are permitted.

Australia: The ground is irretrievable breakdown, demonstrated by 12 months of separation. Applications can be joint or individual. Financial proceedings must be initiated within 12 months of the divorce order or require court permission thereafter.

How do dual-qualified lawyers help clients with international connections?

Dual-qualified lawyers can assist with:

• Spotting which jurisdiction offers the fairest or most advantageous outcome.
• Advising on forum shopping and jurisdiction disputes before proceedings begin.
• Protecting clients from conflicting advice from multiple lawyers.
• Avoiding duplicated costs when assets or pensions span multiple countries.

This strategic insight is especially valuable for clients with ties to more than one country.

How do the courts differ culturally?

England & Wales: Known for a more generous approach to spousal maintenance.

Ireland: Follows a needs-based model, focusing on what is necessary rather than equitable distribution.

Australia: Takes a holistic approach to property settlement, considering the overall financial picture and contributions of both parties.

Understanding these cultural nuances helps clients set realistic expectations and choose the most suitable jurisdiction.

What’s the difference between the UK and England & Wales?

England and Wales, Scotland, Northern Ireland, and the Republic of Ireland are all separate jurisdictions with their own laws. This matters especially when travelling with children—even a trip to Scotland is considered travel to a different legal jurisdiction.

Need Advice?

If you have international ties and are considering separation, divorce, or simply want to understand your options across jurisdictions, our team of family lawyers at Irwin Mitchell is here to help. With dual-qualified expertise and practical insight into both the legal and cultural landscapes of England & Wales, Ireland, and Australia, April, Caoimhe, and our wider team can guide you through the complexities with clarity and confidence. 

While April and Caoimhe are dual qualified, they currently practise exclusively in England and Wales. Their qualifications and experience in Australia and Ireland respectively mean they have a working understanding of those legal systems and maintain trusted contacts, enabling them to provide strategic guidance and help clients access reliable advice from lawyers in those jurisdictions.

Whether it’s identifying the most favourable jurisdiction, avoiding conflicting advice, or navigating cross-border financial arrangements, we’re committed to helping you make informed decisions tailored to your unique circumstances. Please don’t hesitate to get in touch.