It is increasingly common for families to have an international connection – whether that be where one party has dual or multiple nationalities, where one or more parties live or work abroad, or alternatively where assets are held overseas, for example property, businesses, trusts or pensions. Where such a connection exists, there are additional complications and considerations when it comes to getting divorced.
It is important to take family law advice as soon as possible if you are considering a separation, as time can be of the essence, and it may be necessary to act swiftly to protect your position.
Why do I need to take family law advice?
The rules in relation to divorce and the division of finances can vary greatly in different countries around the world. As such, your entitlement in one country might be significantly different to that in another. It is important to take legal advice in all relevant jurisdictions at the start of the process regarding a) whether divorce proceedings can be started and b) what the potential outcomes might be. This then allows you to weigh up where the most appropriate location for divorce might be. Costs, timings, practicalities and potential enforcement issues will also need to be factored in.
Where proceedings are started can potentially have a substantive impact on the outcome of the case. There can be a significant advantage to issuing proceedings in your preferred country and avoiding “competing” proceedings in multiple jurisdictions, which can be complex and costly to resolve.
In addition to the points above, it is sensible to take family law advice at an early stage so that you can generally make informed decisions about your next steps.
Can I start a divorce in England and Wales?
To be able to start proceedings in England and Wales you must meet one of the jurisdictional criteria, which involve the concepts of “habitual residence” and “domicile”. See further information in my article: “Jurisdiction to divorce in England and Wales”. It is not enough to consider whether a divorce is possible in this country, but also whether it is the most appropriate place or “forum” for the divorce to be dealt with. This can be a complex issue and expert advice will be required.
What if I got married abroad?
It does not matter where you got married, or where you may have cohabited prior to your relationship. However, in order to divorce in England and Wales, your marriage must be recognised as a matter of English law. It is also important to consider whether you might have acquired any rights or obligations by cohabiting abroad, or whether a default marital property regime may have been established. You will also need to factor in the terms of any prenuptial or postnuptial agreement signed in any jurisdiction.
Immigration law
It is extremely important to consider the impact of a potential divorce or separation on your immigration or visa status or the status of your children. We have an expert immigration team who can assist with any queries.
What about arrangements for the children?
If you have children and are looking to separate or divorce, it is vital that arrangements regarding where they will live, when they will see the other parent, where they will go to school and how decisions about their welfare will be made are agreed as soon as possible. Arrangements must take into account what is in the children’s best interests.
Where there are international considerations, logistics can be more complex, and it could be that one parent wishes to move overseas. If an application to relocate (also called leave to remove) is required or to be resisted, it is important that early advice is sought. If you are concerned that your ex-partner might take a child out of the country, it is vital to take advice immediately.
The family law team at Stephens Scown are expert international divorce solicitors and can assist you with your divorce, financial settlement or issues in respect of children should your case have an international element. We have an extensive network of international family law connections who we work alongside to provide you with the holistic advice you need. Do contact us today to see how we can help.