We are sometimes asked whether it’s possible to get divorced in England if a marriage was celebrated overseas. Many British nationals marry at popular holiday destinations such as the Seychelles for example. Can such a marriage be dissolved in the UK? The short answer is yes – provided the usual rules on UK residence and domicile are met. However, as with a marriage formalised in any international jurisdiction, or where either spouse has a legal connection to the Seychelles it may also be possible to divorce under the laws of that jurisdiction.

Our team of international divorce lawyers represents clients whose divorce has any kind of international element and who are seeking a divorce in England. In particular we advise on how to issue proceedings in the most appropriate jurisdiction for you. In this short guide we look at some aspects of the Seychelles family law system. In particular we examine how the courts there decide matters relating to divorce, children and family finances.

The Family Law System In The Seychelles

The Seychelles’ past as both a French and British colony means the present day legal system draws on both the Napoleonic civil law regime and British common law.

The principal family legislation in the Seychelles is the 1992 Matrimonial Causes Act (as amended). It specifies that all family-related issues, including divorce, are decided by the Seychelles Family Tribunal.

A new Civil Code was approved in 2020. It aims to modernise the law on family in the Seychelles. It deals with issues such as the prohibition of child marriage, recognition of children born outside marriage and prenuptial agreements.

Grounds For Divorce In The Seychelles

Either spouse can file a divorce petition stating that the marriage has broken down irretrievably on one of the following grounds:

  • Adultery
  • Behaviour of the respondent spouse that means the petitioning spouse cannot reasonably be expected to live with the respondent
  • Desertion for two years
  • One year’s separation (if both spouses are in agreement)

Unless a petitioner can demonstrate that he or she has suffered ‘exceptional hardship’ or that the respondent spouse is ‘exceptionally depraved’ a divorce petition can’t be presented until at least a year has elapsed since the marriage.

Child Arrangements Following

Both parties to a divorce have the equal right to petition for custody of their children. Child arrangements are decided by the Family Tribunal which, when making any decision will have the welfare of the child as its paramount consideration.

The Civil Code states explicitly that divorce or separation has no bearing on parental authority – each parent is required to respect the interests of the other as far the child’s upbringing goes. That said, the courts have the power to make orders deviating from this shared responsibility if it’s in the best interests of the child.

Financial Orders In The Seychelles

The Matrimonial Causes Act contains detailed provisions for the making of financial orders following a conditional order of divorce. The courts have extensive powers to make enquiries into marital finances and take into account all the circumstances of the case, including the earning ability and financial means of each spouse.

There are also specific powers given to the courts to deal with the situation where one spouse attempts to defeat a financial claim by, for example, transferring property out of the Seychelles.

How We Can Help With Your International Divorce

 

If you or your spouse have a legal connection to the Seychelles – if you were married there or one or both of you are nationals of the country but live in the UK – it’s essential to get advice from an experienced international divorce lawyer if your marriage has broken down.

 

At Brookman we represent clients from all over the world. Even if we have not dealt directly with cases involving the legal system of the Seychelles our global experience enables us to provide up to date advice on any international aspects of your divorce when you need it.

Enquire Now

Or call us: +44 (0)20 7430 8470

Question about Seychelles? Ask us now...

Kindly complete the form below to send an enquiry. Your message will be sent to one of our solicitors. Everything you send in this form is secured and encrypted the moment you submit it. Discretion is guaranteed.

Your Information

  • Consider including information such as: the name of your spouse (if relevant), the country you live in, the background to your problem.

  • This field is for validation purposes and should be left unchanged.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Divorce Videos

Henry Brookman has created several discussion videos in order to further explain some areas of divorce.

International Divorce

Watch Henry Brookman summarise divorce and common divorce myths.

If you have questions, contact us now, we can help you.

Henry Brookman Discusses: Divorce
Henry Brookman Discusses: Common Divorce Myths

Over 2000 FREE
consultations and counting…

Our free consultation can help you more clearly understand the legal issues relating your case and what your options are to move forward.

Request your free consultation

Or send us an enquiry

Talitha offers sound advice, asks the right questions and advises you with what you need to know not just what you want to hear. I have no hesitation in recommending her services.

Sep 2021   Anu Vidyarthi

Henry took the time to go through all the details of my separation thoroughly. He was very clear on what my options were and what I needed to do to have a seamless agreement with my ex. Thank you for all your help!

Aug 2021   Sandeep Cina

Talitha provided a free consultation and could not have been more helpful. Her guidance was pragmatic and she managed my expectations both on costs and the process. Talitha offered practical advice to find a solution that could avoid going to court.

Aug 2021   Richard Doyle

I had an initial chat with Kevin, the senior associate. Extra ordinary talent to convince parties, very intelligent and I was wonderstuck at his brilliant knowledge of family law.

Aug 2021   Mrs. M. Merchant

I have nothing but positive feedback about this firm... Lorraine Imms from Brookman was absolutely brilliant... Her knowledge is exceptional and she has kept me informed through every step... I'd give ten stars if I could!

Jun 2021   Martin Byrne

Myself and my mother had a free video consultation with Mr. Brookman regarding my mother's divorce and were both impressed with his knowledge on divorce matters, professionalism and understanding. Henry then followed up with us with a clear plan of what he suggests we do...

Mar 2021   Bruna Cordeiro Pezzano

I had a consultation with Mr. Brookman and was impressed with his honesty, knowledge and understanding of my situation. He seemed to take a genuine interest in my case, which immediately put me at ease.

Mar 2021   Chichi

Very swift response and concise information. I had a very engaging free consultation with Mr Brookman initially which was informative and professional.

Feb 2021   Garry Ralph

I would like to say my experience with Mr Brookman was an extremely positive experience. His knowledge, advice and compassion put me very much at ease and made a very difficult situation much more bearable.

Feb 2021   Jenny Brock

Very helpful, and honest about my situation even though it wasn’t business for them at this time. Would recommend.

Jan 2021   Natalie Roche

About The Team

We are a specialist divorce and international divorce family law team, advising clients in the United Kingdom (specifically England and Wales) and throughout the world. We have a very people–orientated approach to working with clients. Henry Brookman has practised law for over 45 years, and our team has a wide range of skills and expertise. We are recommended by the Legal 500 and have been awarded the Law Society’s quality mark, Lexcel.

Partner

Henry Brookman

With over 45 years' experience, Henry Brookman is the senior member of the team. He is described by The Legal 500 as ‘shrewd, savvy, sagacious and highly experienced’.

Partner

Talitha Brookman

Talitha is a Partner in the firm and a very experienced practitioner. She has been exclusively practising family law for over 15 years and is a recognised expert in her field.

Partner

Philip Morton

Recommended by The Legal 500, Philip is an expert in all areas of family law, including domestic and international financial disputes, fraud and commercial dispute resolution.

Partner

Natasha Slabas

Expert in all areas of family law, often involving cases that have an international element, including work in relation to financial settlements following divorce.

Partner

Aziz Malik

Aziz is a Partner at the firm and is highly regarded for his expertise on financial matters in divorce and has been recommended by the Legal 500.

Senior Associate

Kirsty Kelleher

Kirsty is a specialist family law solicitor recommended by The Legal 500. An expert in divorce, financial matters, child-related disputes and contentious probate cases.

Senior Associate

Kevin Danagher

Kevin specialises exclusively in family law, advising on all aspects of relationship breakdown, divorce, same sex marriage, marital agreements, and international family cases.

Associate Solicitor

Jennifer Douglas

Jennifer is a talented solicitor, experienced in all elements of family law, including high net worth financial proceedings, Children Act proceedings and financial claims.

Associate Solicitor

Gavin Yeung

Gavin has excellent experience in family law including divorce and financial proceedings and international child abduction proceedings involving Hague Convention countries.

Senior Associate

Pippa Marshall

Pippa’s experience covers all areas of family law including divorce, financial remedies, same sex relationships, pre- and post-nuptial agreements and cohabitee property disputes.

Chartered Legal Executive

Lorraine Imms

With over 20 years' family law experience, Lorraine can advise on divorce, matrimonial finances, cohabitee disputes, nuptial agreements and private children matters.

Office Manager

Lorna Martin

Lorna is our Office Manager who oversees the operations of the firm including providing accounts support as well as secretarial support to the team.

Accounts Manager

Evdokia Dikova

Eva is an AAT qualified accounts manager and holds full AAT membership (MAAT). She gained her degree in financial accounting from the University of Economics in Bulgaria.

Secretary

Victoria Delatouche

Victoria is a highly experienced Legal Secretary and a long-standing member of the team. She provides secretarial support for the office.

Secretary

Michelle Louison

Michelle provides secretarial support to Henry Brookman. A very experienced family law secretary, Michelle has worked in law for over 12 years.

Front of House Manager

Patricia Antonio

Patricia is an experienced secretary and office administrator, handling the calls that come into the office, greeting clients, and managing office presentation.

Google Reviews
Ask A Question

Contact Us

If you have questions, contact us now, we can help you.

Enquire Now

Or call us on +44 (0)20 7430 8470