International Aspects of Divorce

Family law issues are becoming increasingly international and advice is needed from international family law specialists on a variety of issues, including:

• divorces involving one or more foreign nationals living in England and Wales
• divorces involving expats living abroad
• forum shopping / cross border disputes
• foreign assets on divorce/separation
• international relocation of children
• financial claims for child against parent resident in England or abroad
• international enforcement of English orders against payee or assets abroad
• enforcement of foreign orders in England and Wales
• international prenuptial agreements
• domicile, habitual residence and the jurisdiction of the English Courts
• financial orders in England after foreign divorce
• freezing orders
• foreign/offshore trusts
• hidden assets

If any of the above issues are relevant to you then, it is important to take advice from an international family law specialist before commencing legal action. The outcomes in England often differ from those in other countries, even where those countries are other EU states, Commonwealth countries or the United States. Consequently, taking early advice before your spouse or partner commences proceedings in a particular jurisdiction is key, because it may be fatal to your claims if the other party starts proceedings first.

In financial cases, proceedings in England may have disastrous consequences for the wealthy party and may be started against those who are only resident here temporarily (6-12 months) . If you are looking for ongoing financial support (maintenance) and/or property to be transferred to you, then England is likely to be the preferred choice in most cases, but careful consideration needs to be given to the location of assets and the enforceability of orders.

Also, in order for the English Court to be able to deal with proceedings, you will either need to be habitually resident or domiciled (domicile is not necessarily the same as nationality) in England and Wales. In cases involving children, the English Court's jurisdiction will depend on the habitual residence of the relevant child.

We have the expertise to deal with these issues, as well as with cases involving complex financial assets and structures. Our lawyers are accredited specialists in International and European family law, and we also work closely with family law specialists across the world wherever necessary.

For more information visit www.internationaldivorcespecialist.com

Contact: Daniel Eames, Gareth Schofield