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International – Family and Matrimonial
International divorces and family law matters usually have implications and consequences both in the UK and abroad, and therefore it is essential that you seek advice from an expert if you are facing this situation.
We provide expert advice in all aspects of international family law for individuals living in the UK who have a connection with another country, because of their nationality or the nationality of a member of their family, ownership of assets abroad, or foreign couples who have a connection with the UK. We can assist you and provide advice in the following areas:
- Divorce and financial remedies:
It may be possible to obtain a divorce in a different jurisdiction to the one where you live. The financial consequences of doing so can be completely different and therefore you should seek advice prior to filing divorce proceedings. If you and your spouse have a matrimonial property regime as a result of your nationality or place of residence, we can advise on your options, taking into account that English Courts are not bound to its provisions. Timing is also crucial in such matters and therefore expert advice should be sought sooner rather than later.
- Children and relocating:
Following the breakdown of your relationship, we understand that the first thing you may want to do is return to your home country with your children. However, unless you have the other parent’s consent, you may not remove them unilaterally and you will need to seek the courts permission is necessary.
- Child support:
The non-resident parent is obliged to provide for their children, whether living in the same country or abroad. We can help you consider the advantages and disadvantages of claiming child maintenance in one or another jurisdiction.
- Child abduction:
If you or your partner have removed or retained your children in a different jurisdiction, or have moved to England and Wales with them without the other parent’s consent, we can take the necessary legal actions for the required measures to be put in place.
- Pre and postnuptial agreements:
It’s important to seek the advice of a solicitor before marrying to help prevent potential future disputes. By doing so, you can draw up a pre/post-nuptial agreement or marital agreement which is valid and recognised in another jurisdiction relevant to you.
- Cohabiting couples:
Each country has its own particular legislation relating to cohabitation. We can advise you on your rights and obligation which may be affected if you are considering moving abroad with your partner, or if you have recently relocated to England and Wales.
- Cross border enforcement:
Based on European Regulations and other international legislation, we can apply for the enforcement of any foreign judgement before the Courts of England and Wales in relation to any family law issue.
- Financial claims after a foreign divorce:
If you have obtained a divorce and financial order abroad but without adequate financial provision, you may be able to apply to the English Courts for further financial relief. Permission to make such a request is required and we can advise you on whether you satisfy the necessary application criteria and on the merits of your claim.
In cases of emergency or extraordinary circumstances, it may be possible to apply to the English Courts for a non-molestation order preventing a party from approaching or contacting the other party. In exceptional circumstances, an occupation order may be available whereby the use of the family home can be granted to one of the parties and assets can be frozen. When a party suspects that the other party is disposing of assets, preventive measures can be put in place.
- Alternative dispute resolution:
There are ways to avoid court action when a dispute exists. Our trained mediators and collaborative lawyers have expertise in international law and can assist you with a range of issues to help prevent litigation.
We know it is extremely important for you to get the right advice at the convenient time, especially in matters involving an international element. Regardless of your location, we can arrange a first confidential meeting at a fixed price, to point you in the right direction.