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 internationalcouples who have a connection with the UK. We can assist you and advise 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 outcome and financial consequences of doing so can be completely different and therefore you should seek advice prior to filing divorce proceedings. Timing is crucial in such matters and therefore expert advice should be sought sooner rather than later.
If you and your spouse have a matrimonial property regime as a result of your nationality or place of residence, we can advise on how an English court would deal with it and your options , taking into account that English Courts are not bound to its provisions. It is also important to understand how a court in this country will deal with assets located abroad and how an order could be enforced. .
We can deal with jurisdiction disputes claiming or defending that a divorce should or not take place in this country.
- 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.
- Children and relocating:
Following the breakdown of your relationship, we understand that you may want to 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.
If on the contrary your ex-partner has raised the possibility of relocating to another country with your children we can take the necessary steps to prevent this from happening, or if you consent to the move, we can assist you in the process to protect your interests.
We can also assist in situations in which you may need to enforce an order issued by another country in England and Wales concerning parental responsibility.
- Child support:
A parent is obliged to provide financial support 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
You may also need to enforce or vary a maintenance order from abroad in England and Wales and you would want to ensure that the appropriate steps are taken.
- 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 steps for the required measures to be put in place.
- Pre and postnuptial agreements:
If you are getting married you may want to protect assets acquired before the marriage, or potential inheritance and family wealth. One of the remedies available is to sign a pre/postnuptial agreement. If your partner is from a different jurisdiction, or you have connections to third countries it is important to understand the financial implications of that marriage and ascertain whether that marital agreement would be valid and take the necessary steps .
- Cohabiting couples:
This is an area of law which greatly differs from each country. If you are not married but have a cohabiting relationship and want to ascertain your rights and/or potential commitments if you are to relocate abroad or on the contrary are thinking of moving to England and Wales it is important for you to understand the implications you may be facing, particularly in cases where there is substantial wealth or with minor children.
- Cross border enforcement:
international legislation and instruments allow the enforcement before the Courts of England and Wales of decisions made in foreign countries,in relation to any family law issue.
- Alternative dispute resolution:
There are ways to avoid court action when a dispute exists. Our trained mediators and collaborative lawyers have expertise in international matters and can assist you with a range of issues to help prevent litigation. We can also offer mediation remotely and so we can assist even if either of the parties lives abroad.
- Modern families
You may need advice on international surrogacy arrangements, fertility treatment and donor conception arrangements and our specialised surrogacy colleagues will work together with the private client and immigration team to ensure all aspects of the advice required are covered.
LGBTQ+ individuals unfortunately do not have the same rights in all jurisdictions and therefore before relocating to or from England and Wales you may want to obtain specialised legal advice.
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.
