Forum Shopping : Which jurisdiction is best for my divorce?

Divorce is complicated enough when both spouses live in the same city and share the same nationality.

But when your marriage has crossed international borders, perhaps you married overseas, your spouse holds a different passport, or you own property in multiple countries, the question of where to file for divorce becomes as important as whether to file at all.

For couples with international elements to their marriage, the divorce process introduces complexities that purely domestic separations simply do not face.

Which country's courts will hear your case? Which nation's laws will determine how your assets are divided?

Where will decisions about your children be made, and by what standards?

These questions can feel overwhelming, but they are also critically important to get right from the outset.

This practice of strategically selecting the most advantageous jurisdiction for divorce proceedings is known as forum shopping.

While the term sometimes carries negative connotations, understanding how jurisdiction affects divorce outcomes is essential for anyone navigating an international separation.

The country where you file can dramatically impact everything from property division and spousal maintenance to child custody arrangements and how quickly proceedings conclude.

International divorce rates have risen steadily as globalisation makes cross-border marriages increasingly common.

Expats, dual nationals, and couples who have lived and worked across multiple countries frequently find themselves needing to navigate unfamiliar legal systems when their relationship breaks down.

The decisions made in those early weeks and months can have lasting financial and personal consequences.

At Unified Lawyers, our international divorce lawyers have handled complex cross-border divorce matters across multiple jurisdictions.

We understand that for expats, dual nationals, and couples with assets scattered across the globe, early legal advice on jurisdiction can mean the difference between a fair settlement and an outcome that leaves you financially vulnerable.

What is Forum Shopping in Divorce Cases?

Forum shopping refers to the practice of choosing to file legal proceedings in the jurisdiction believed most likely to produce a favourable outcome.

In the context of divorce, this means selecting which country's courts will hear your case when more than one jurisdiction could potentially accept your application.

The term originated in legal circles to describe situations where litigants could effectively "shop" between courts that might have authority over their dispute.

Black's Law Dictionary defines forum shopping as the practice of choosing the most favourable jurisdiction or court in which a claim might be heard.

It is important to distinguish between legitimate jurisdiction selection and what courts might consider an abuse of process.

Legitimate forum shopping involves choosing between jurisdictions where you have genuine connections, such as citizenship, residency, or where you last lived together as a couple.

When spouses have real ties to multiple countries, it is entirely proper to consider which jurisdiction's laws better serve their interests.

Problematic forum shopping, by contrast, occurs when a party manipulates the system to gain an unfair advantage.

Courts worldwide have become increasingly vigilant about this distinction.

The Ontario Court of Appeal, for example, established in the 2024 case of Vyazemskaya v Safin that "unfair forum-shopping tactics" can serve as grounds for refusing to recognise a foreign divorce.

In that case, a husband who obtained a divorce in Russia primarily to avoid spousal support obligations under Canadian law found his Russian divorce rejected by the Ontario courts.

The lesson is clear : while choosing strategically between genuine options is acceptable, attempting to circumvent legitimate obligations through jurisdictional gamesmanship carries significant risks.

Why Forum Shopping Matters in International Divorce Proceedings

The jurisdiction where you divorce can produce dramatically different outcomes across nearly every aspect of your separation.

Understanding these differences is essential for making informed decisions.

Property Division and Asset Distribution

Perhaps nowhere are jurisdictional differences more stark than in how countries divide matrimonial assets.

English law, for instance, takes as its starting point a 50/50 split of all assets, including those brought into the marriage or inherited.

This approach, combined with broad judicial discretion, has earned London its reputation as the "divorce capital of the world" for financially weaker spouses seeking generous settlements.

By contrast, under traditional UAE law, each party simply retains assets held in their own name.

If all property is registered to one spouse, the other may have no claim whatsoever, though recent legal reforms in Dubai and Abu Dhabi now offer non-Muslim expats greater protection.

Australian courts take a different approach again. Rather than presuming equal division, the Family Law Act 1975 requires courts to consider each party's contributions to the relationship (both financial and non-financial) and their current and future circumstances.

The resulting division aims to be "just and equitable" based on individual circumstances rather than following a strict formula.

Our property settlement lawyers can help you understand how Australian courts approach asset division in international matters.

Singapore courts similarly consider contributions when dividing matrimonial assets but generally focus on property acquired during the marriage rather than pre-marital wealth.

This can produce very different outcomes for couples where significant assets were accumulated before the wedding.

Spousal Maintenance and Support

The treatment of spousal maintenance varies enormously between jurisdictions.

English courts have historically been willing to order substantial ongoing maintenance payments, sometimes indefinitely, to the financially weaker spouse.

This generosity to the non-earning spouse has been a major factor attracting international divorces to London.

Australian courts can also order spousal maintenance but tend to favour a "clean break" arrangements where possible, particularly where both parties can become financially self-sufficient.

Maintenance is based on the recipient's reasonable needs and the payer's capacity to pay.

Some jurisdictions are far less generous. Under UAE law, maintenance provisions have traditionally been limited, and even under the newer civil law frameworks available to expats, the scope for ongoing support remains narrower than in England or Australia.

Child Custody and Parenting Arrangements

Custody outcomes can be profoundly affected by jurisdiction.

Australian family law prioritises the best interests of the child and encourages arrangements where children have meaningful relationships with both parents where it is safe to do so.

There is no presumption favouring either parent based on gender.

Our child custody lawyers can advise on how Australian courts approach parenting matters in cross-border cases.

Under traditional Sharia-influenced systems in the Gulf states, mothers typically receive custody of young children (boys until age 11, girls until age 13), after which custody often transfers to the father.

Different jurisdictions also have varying approaches to international relocation, enforcement of custody orders, and recognition of foreign parenting arrangements.

For couples with children, the Hague Convention on the Civil Aspects of International Child Abduction provides a framework for addressing cross-border custody disputes among signatory countries, including Australia.

This convention can require the return of children wrongfully removed from their country of habitual residence.

Speed and Cost of Proceedings

The practical aspects of divorce, including how long proceedings take and what they cost, also differ significantly.

Australia's no-fault divorce system allows couples to finalise their divorce approximately 3-4 months after filing an Application for Divorce, provided they meet the 12-month separation requirement.

Financial and parenting matters, however, may take considerably longer to resolve.

Some jurisdictions require lengthy separation periods or complex fault-based grounds.

Others, like the new English-speaking family court in Abu Dhabi, can process agreed divorces for non-Muslims in less than a month.

Costs can vary dramatically depending on the complexity of proceedings, the availability of legal aid or fixed-fee arrangements, and whether the matter proceeds to a contested hearing.

London is notorious for extraordinarily expensive contested divorce proceedings, with some high-value cases generating legal costs exceeding £1 million.

For a better understanding of costs in Australia, see our divorce cost guide.

Key Factors to Consider When Choosing a Jurisdiction

When multiple jurisdictions might accept your divorce application, several factors should inform your decision.

Residency and Domicile Requirements

Every jurisdiction has specific requirements about who can file for divorce there.

In Australia, at least one party must be an Australian citizen, or regard Australia as their permanent home, or have been ordinarily resident in Australia for at least 12 months before filing.

These requirements ensure genuine connection to the jurisdiction.

The United Kingdom has similar residency and domicile criteria, as does Singapore (which requires three years of habitual residence for non-citizens).

Understanding precisely what each jurisdiction requires, and whether you genuinely meet those thresholds, is the first step in any jurisdictional analysis.

Connection to the Jurisdiction

Beyond meeting technical eligibility requirements, courts may examine the strength of your connection to the jurisdiction.

Filing in a country where you have only minimal ties may invite challenge from your spouse or scepticism from the court.

Relevant connections include where you last lived together as a couple, where your children attend school, where your assets are located, your nationalities, and the jurisdiction whose law governed your marriage.

The more substantial your connections, the stronger your position.

A binding financial agreement made during the marriage may also influence which jurisdiction's laws apply to your financial matters.

Recognition of Foreign Orders

It does little good to obtain favourable orders if they cannot be enforced where you need them.

Australia generally recognises overseas divorces if they were granted in a jurisdiction where one party had genuine residence or connection, though recognition of an overseas divorce does not automatically mean Australian courts will accept the accompanying financial or parenting orders.

Australian parenting and property settlement orders can be registered or "resealed" in certain international jurisdictions to make them legally binding and enforceable abroad.

This process involves registering Australian court orders in countries listed under Schedule 1A of the Family Law Regulations 1984.

The Hague Convention on the Recognition of Divorces and Legal Separations, to which Australia is a party, facilitates recognition among signatory countries.

However, only 20 countries are currently parties to this convention, and it covers only the divorce itself rather than financial or custody matters.

Before selecting a jurisdiction, consider where your assets are located, where your children reside, and whether orders made in one country can realistically be enforced in another.

Privacy and Confidentiality

Some jurisdictions offer greater privacy protections than others.

English divorce proceedings involving financial matters are generally held in private, though judgments in significant cases may be published.

Australian family law proceedings are also generally closed to the public, with restrictions on publishing identifying information.

For high-profile individuals or those with legitimate privacy concerns, jurisdictional differences in confidentiality protections may be a relevant consideration.

Popular Jurisdictions for International Divorce Cases

Certain jurisdictions have become particularly significant in international divorce matters, each with distinctive characteristics.

1. Australia

Australia's no-fault divorce system makes it relatively straightforward to end a marriage.

The only ground for divorce is irretrievable breakdown and evidence of 12 months of separation.

Courts focus on achieving just and equitable outcomes rather than punishing perceived wrongdoing.

Under the Family Law Act 1975, property settlements consider four key steps: identifying and valuing the asset pool, assessing each party's contributions (financial and non-financial), considering current and future circumstances and the factors set out in section 75(2) (for married couples) or S90SM (for de facto couples) of the Act, and ensuring the proposed orders are just and equitable in all the circumstances. This flexible approach allows courts to respond to individual circumstances rather than applying rigid formulas.

Australian courts can exercise jurisdiction over worldwide assets, though enforcing orders concerning property in other countries may require additional proceedings abroad.

The Federal Circuit and Family Court of Australia handles most family law matters, with a well-established body of case law providing reasonable predictability about likely outcomes.

In many cases, family mediation can help resolve matters without the need for contested court proceedings.

Child custody arrangements prioritise children's best interests and encourage ongoing relationships with both parents.

Australia has ratified the Hague Convention on International Child Abduction, providing mechanisms for addressing wrongful removals.

For Australian citizens living overseas or foreign nationals with Australian connections, divorcing in Australia often provides certainty, relative speed, and balanced outcomes.

The requirement that at least one party be an Australian citizen, regard Australia as home, or have resided here for at least 12 months before filing ensures genuine connection to the jurisdiction.

For more information about the divorce process for those who married abroad, see our guide on getting divorced in Australia if you were married overseas.

2. United Kingdom

England and Wales remain attractive for financially weaker spouses, particularly in high-value cases.

English courts have broad discretion to redistribute assets, including inherited wealth and pre-marital property, based on fairness principles.

The principle that homemakers and breadwinners should be treated equally has produced some of the world's most generous divorce settlements.

Several factors have contributed to London's status as the global centre for high-value international divorce work.

Judges have greater discretion than in many other jurisdictions, taking a 50/50 split of assets as their starting point.

There is no assumption that spousal maintenance will be limited or time-restricted.

Non-financial contributions, such as raising children and managing the household, are valued equally to financial contributions.

Courts can also access assets held anywhere in the world, not just within England.

For couples with substantial assets, our high-net-worth divorce lawyers can provide specialist advice on protecting your interests.

The introduction of no-fault divorce in April 2022 simplified the divorce process itself, removing the previous requirements to allege fault or wait for lengthy separation periods.

However, contested financial proceedings remain complex and expensive, with legal costs in high-value cases sometimes exceeding £1 million.

3. Singapore

Singapore requires one party to be domiciled or habitually resident for at least three years before proceedings commence.

Courts divide matrimonial assets based on each party's contributions, though pre-marital property is generally excluded from division.

Prenuptial agreements receive significant weight if valid under their governing law.

Maintenance is available for wives and children but is generally needs-based and may be time-limited.

Singapore offers a sophisticated legal system familiar with international families and can be attractive for those with Asian business interests.

4. United Arab Emirates

The UAE has traditionally applied Sharia-based family law, which produces outcomes quite different from Western jurisdictions.

Recent reforms, particularly in Dubai and Abu Dhabi, have introduced civil law options for non-Muslim expats, providing greater certainty and more familiar principles for international couples.

Under the newer frameworks, expats in Abu Dhabi can access no-fault divorce through an English-speaking family court.

Dubai allows couples to apply the law of the country where they married.

These reforms have made the UAE a more viable option for expat divorces, though the choice between local and home-country proceedings remains strategically important.

5. United States

American divorce law varies significantly between states, creating internal forum shopping considerations for those with US connections.

Some states (like California) follow community property principles, while others apply equitable distribution.

New York, Texas, and California handle significant volumes of international divorce work, often involving substantial assets.

Legal Implications of Forum Shopping

Understanding the legal constraints on forum shopping helps avoid costly mistakes and improves strategic planning.

The Race to File

In many situations, the first spouse to file effectively determines the jurisdiction, at least initially.

This creates what family lawyers call "jurisdiction racing."

Once proceedings are commenced in one country, courts in other jurisdictions may "stay" their own proceedings pending resolution of the first-filed case, particularly where international treaties or comity principles apply.

This dynamic means that the decision about where to file often must be made quickly.

Delays can result in losing the opportunity to secure your preferred jurisdiction entirely.

Challenging Jurisdiction

Filing first does not always guarantee success.

The other spouse can challenge jurisdiction, arguing that another forum is more appropriate.

Courts may decline to hear matters where the connections to another jurisdiction are clearly stronger, applying doctrines like forum non conveniens (literally, an inconvenient forum).

Australian courts apply a "clearly inappropriate forum" test when deciding whether to exercise jurisdiction over matters that could be heard elsewhere.

If hearing the matter locally would be seriously and unfairly burdensome to one party, the court may decline jurisdiction despite having technical authority to proceed.

Recognition and Enforcement Risks

Orders obtained through abusive forum shopping face potential recognition problems abroad.

If you divorce in a jurisdiction primarily to avoid obligations that would apply elsewhere, the disadvantaged spouse may be able to challenge recognition of that divorce in courts with stronger connections to the marriage.

The English courts, for instance, have broad powers under Part III of the Matrimonial and Family Proceedings Act 1984 to make further financial provision for spouses disadvantaged by foreign divorces, even when those divorces are technically valid.

International Treaties and Conventions

Several international instruments affect cross-border divorce matters.

The Hague Convention on the Recognition of Divorces and Legal Separations facilitates recognition of divorces among signatory countries.

The Hague Convention on Maintenance Obligations provides frameworks for enforcing spousal and child support across borders.

For child-related matters, the Hague Convention on International Child Abduction creates mechanisms for returning wrongfully removed children, while various bilateral and multilateral arrangements facilitate enforcement of custody orders.

How to Decide Which Jurisdiction is Best for Your Divorce

Making an informed jurisdictional decision requires systematic analysis and usually expert advice.

Step 1 : Identify Available Options

Begin by determining which jurisdictions might accept your divorce application based on citizenship, residency, domicile, and other connecting factors.

This requires honest assessment of your actual connections rather than wishful thinking about where you might prefer to divorce.

Step 2 : Understand Each Jurisdiction's Approach

For each available option, research or obtain advice about how that jurisdiction handles property division, spousal maintenance, and child custody.

Consider both the legal principles and practical factors like cost, speed, and confidentiality.

Step 3 : Consider Asset Locations and Enforcement

Map where your significant assets are located and assess whether orders from each potential jurisdiction would be enforceable there.

There is little value in obtaining favourable orders that cannot be implemented.

Step 4 : Assess Your Spouse's Likely Response

Consider which jurisdiction your spouse might prefer and whether they are likely to file there first.

Understanding this dynamic helps inform timing decisions and strategic planning.

Step 5: Obtain Expert Legal Advice

Jurisdictional decisions are too important and too complex to make without proper legal advice.

Consulting international divorce lawyers in Australia and potentially in other relevant jurisdictions ensures you understand the full picture before committing to a course of action.

Step 6 : Act Promptly

Once you have decided on the best jurisdiction, move quickly.

Delays can result in your spouse filing elsewhere, potentially forcing you into a less favourable forum or expensive jurisdictional battles.

Conclusion : Making an Informed Decision

Forum shopping in international divorce is neither inherently good nor bad.

It is simply a recognition that where you divorce matters enormously, and that couples with connections to multiple jurisdictions have choices to make.

Making those choices well requires understanding how different legal systems approach divorce, honestly assessing your connections to each potential jurisdiction, and acting with appropriate urgency once you have decided on the best path forward.

The stakes are significant.

Property division, spousal maintenance, child custody, and your financial future may all hang on this decision.

Getting it wrong can mean years of litigation, unenforceable orders, or outcomes dramatically worse than what another jurisdiction might have provided.

A spouse who files in the wrong jurisdiction may find themselves defending against applications in a different country, facing expensive jurisdictional disputes, or unable to enforce orders they worked hard to obtain.

Conversely, thoughtful jurisdictional planning can secure advantages that flow through every aspect of divorce proceedings.

The right forum might mean faster resolution, lower costs, more favourable property division principles, or parenting arrangements that better serve your children's needs.

At Unified Lawyers, our international divorce lawyers provide strategic advice on jurisdiction for clients across Sydney and throughout Australia.

With experience handling international divorce matters across multiple jurisdictions, we understand the complexities of cross-border family law and the importance of getting jurisdiction right from the start.

If you are contemplating separation and have international dimensions to your marriage, whether through different nationalities, overseas assets, or previous residence abroad, early consultation can help protect your interests and position you for the best possible outcome.

Contact our team today to discuss your situation and understand your options.

Frequently Asked Questions

1. What is forum shopping in family law?

Forum shopping in family law refers to the practice of selecting the most advantageous jurisdiction in which to file for divorce when multiple countries could potentially hear the case.

It involves comparing how different legal systems handle property division, spousal maintenance, and child custody to identify which jurisdiction might produce the most favourable outcome for your circumstances.

2. Can I choose where to file for divorce?

If you have genuine connections to more than one country (through citizenship, residency, domicile, or other factors), you may be able to choose between those jurisdictions.

However, you must actually meet the eligibility requirements of your chosen jurisdiction, and your spouse may be able to challenge that choice if another forum has stronger connections to your marriage.

3. Is forum shopping legal in Australia?

Yes, it is legal to consider which available jurisdiction best suits your circumstances when you have genuine connections to multiple countries.

However, Australian courts will examine whether Australia is an appropriate forum, and may decline jurisdiction if hearing the matter locally would be clearly inappropriate given the connections to another country.

4. What if my spouse files in another country first?

If your spouse files first in another jurisdiction, you may need to decide whether to participate in those proceedings or contest jurisdiction.

Depending on the circumstances, Australian courts might stay local proceedings pending resolution of the overseas case, or they might determine that Australia remains the more appropriate forum.

Legal advice is essential in this situation.

5. Do Australian courts recognise overseas divorce orders?

Australia generally recognises divorces validly granted in other countries where one party had genuine residence or connection to that jurisdiction at the time of proceedings.

However, recognition of the divorce itself does not automatically mean Australian courts will accept accompanying financial or parenting orders.

Those may need to be addressed separately in Australian proceedings.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.