International Divorce Solicitors

If your relationship breaks down and you or your spouse have international connections outside of England and Wales, then this could impact your divorce. Even if you divorce in England and Wales, international divorces can still involve multiple foreign legal systems.

Through a marriage, a couple can build ties with different countries, for example through family or business connections, and may have residency or other rights outside of England and Wales. In such cases, it is vital to consider whether any of these connections affect the jurisdiction to deal with a divorce or connected financial claims and where any dispute should be dealt with based on your objectives.

The process of international divorce

The rules in relation to divorce and the division of finances can differ greatly, depending on where divorce proceedings are instigated. As such, your entitlement in one jurisdiction might be significantly different in another. This is where the professional experience and expertise of international divorce solicitors can be invaluable.

Our expertise as international divorce solicitors, with the assistance of advice from overseas lawyers, can help you to weigh up where it may be possible to issue proceedings and the pros and cons of each jurisdiction, with reference to possible outcomes, costs, timings, practicalities and enforcement issues.

Where proceedings are started can have a substantive impact on the outcome of a case. There can be a significant advantage to issuing proceedings first in your preferred country and trying to avoid a situation whereby there are concurrent proceedings in different jurisdictions and what is known as a jurisdiction or “forum” dispute.

Our international divorce services

Our international divorce solicitors can offer advice on a wide range of international issues connected to divorce, financial settlements and enforcement issues, including:

Choosing a forum for divorce

It is vital to establish the most appropriate place for divorce and financial proceedings to take place in line with your objectives. Every jurisdiction is different and reviewing the available options can be complex. This may include a review of whether a marriage or divorce is recognised in a particular country. As expert international divorce solicitors, we have the expertise to help you make those decisions quickly. We can assist you in resolving any forum dispute should proceedings be started in more than one country or when considering if injunctive relief is required to prevent a party from pursuing litigation overseas.

Financial claims involving assets in multiple countries

Where proceedings are being dealt with in England and Wales, we can advise on how best to deal with any assets held abroad as part of the overall settlement, including business interests, pensions, investment, properties, and stocks and shares. We will liaise with overseas lawyers as necessary to make sure the assets can be dealt with properly and fairly as part of any settlement reached or order made. We will review the possibility of enforcement so that your position can be protected as far as possible, including the requirement for any satellite proceedings to assist with implementation or enforcement.

Financial support for children

Where a non-resident parent lives overseas, the Child Maintenance Service does not have the ability to pursue them for child maintenance. As such, it may be possible to pursue financial claims via the court, including for maintenance for children who live in England and Wales.

Financial claims following an overseas divorce

Where divorce proceedings have been dealt with overseas, and where financial provision has not been dealt with or any such provision is unfair, it may be possible to bring a further claim against your ex-spouse in England and Wales (often referred to as Part III proceedings). There are particular jurisdictional criteria for bringing such a claim which we as international divorce solicitors can advise on. This can be used, for example, as a method of sharing a pension fund administered in England and Wales.

Claims against foreign pensions

Pensions are often one of the most valuable assets in a divorce and must not be forgotten. Where one party owns a pension held overseas, it is often not possible for a pension sharing order to be made in respect of those funds by the English courts. In those cases, we can advise on satellite proceedings or mirror orders being obtained abroad with assistance from expert lawyers overseas. Alternatively, we can ensure that any such pension funds are offset against other assets held here to ensure a fair outcome.

International freezing injunctions

In cases where one party dissipates or is threatening to dissipate assets, including assets overseas, it may be possible to obtain a worldwide freezing injunction in the family court to protect those assets whilst proceedings are ongoing. We liaise with expert lawyers overseas as necessary to ensure any orders obtained are effective and enforced.

International prenuptial and postnuptial agreements

Where a couple have international connections, it may be that either a prenuptial or postnuptial agreement may be appropriate to protect assets if ultimately a divorce is required in the future. Such agreements are becoming more popular in England and Wales. However, where there is an international element, matters are significantly more complex. Advice must be taken in all relevant jurisdictions as to how best to achieve the required aims, given that the law and concept of “fairness” is different in each country. Multiple agreements are likely to be required (known as mirror agreements). Where parties are getting divorced in England and Wales and have previously entered into a nuptial agreement, we can advise on the effect of any such agreement on the likely outcome.

Recognition of overseas marriages

Whether or not a couple is married in the eyes of the law in England and Wales is a vital consideration. There are specific requirements for a marriage to be capable of recognition. If a couple are found not to be married, they cannot get divorced in this country and therefore are unable to rely on the financial relief available. As international divorce solicitors we can advise on this issue, as well as the recognition of an overseas divorce.

Enforcement of foreign orders

We have the expertise to advise in relation to the enforcement of financial orders obtained overseas. This can be a complex area of law, and we are able to advise on the reciprocal arrangements available between different countries depending on the type of order you are looking to enforce, for example, a maintenance order or payment of a lump sum.

How our experts can help

We are known as leaders in our field and understand how stressful and painful a divorce can be. We are well equipped to support you through this difficult time with patience and understanding.

As international divorce solicitors we regularly represent international families, expats working abroad or locally, those with multiple nationalities or residencies or with assets held globally. We are trusted by our clients to provide relevant advice, and to look at the wider picture to make sure matters are dealt with efficiently, accurately and that outcomes are achieved in the best possible way.

We regularly represent expats whose spouses have started proceedings as they remain resident in England and Wales. We’re fully equipped and qualified to represent overseas clients remotely, which can keep travel expenses to a minimum and avoid slowing down what can be a complex process.

It is important to us that we provide you with holistic advice. Stephens Scown is a full-service law firm with a wealth of experts who can assist with your matter as appropriate, including our specialist immigration team who can advise on the impact of divorce or separation on immigration status.

We understand that there are cultural and religious considerations that may impact your case. We are experienced in dealing with these issues and will help you navigate these throughout your matter.

Countries we cover

Whilst we advise in relation to the law in England and Wales only, we liaise with experts around the world to obtain the necessary ancillary advice, whether that be family lawyers in overseas jurisdictions or other experts such as property or business valuers or tax specialists. Together we can provide holistic advice to enable you to decide on what steps to take to protect your position or resolve your dispute.

The team at Stephens Scown international divorce solicitors have worked with experts globally including in the USA, Australia, New Zealand, Thailand, Singapore, China, Brazil, Africa, the Middle East and many countries across Europe and the wider UK.

Frequently asked questions:

How long does an international divorce take?

It is difficult to estimate how long an international divorce will take to finalise, as this depends on many factors, such as where the divorce will take place, whether the parties are agreed as to which country they should get divorced in, the requirements to serve the documents on the parties in overseas countries, whether the parties are agreed as to a financial settlement and how long it might take to implement any agreement. As a very broad guide, a divorce in England can take nine months as a minimum, and as long as 12-24 months to conclude if finances are disputed. The process could take longer, if, for example, there is a dispute about jurisdiction or forum.

How much does an international divorce cost?

Again, it is difficult to provide an accurate estimate in relation to our fees as there are numerous variables. We generally charge on a time-spent basis. We bill regularly and are completely transparent about fees and disbursements. We will always provide you with a cost estimate at the start of your matter and will keep it under regular review so that you always know where you stand.

Does Stephens Scown specialise in international divorce?

Stephens Scown is a leading law firm with international divorce solicitors and specialists in our field. We regularly advise on a range of international family law matters in respect of divorce and financial settlements, jurisdiction and forum disputes, financial claims after a foreign divorce, international nuptial agreements, international enforcement and international freezing injunctions. We regularly act for international families, high net worth clients and those with complex assets around the world.

Can you help if my spouse has already started proceedings?

We can help you whatever stage you are at in your divorce, finance or children proceedings. Early advice is highly recommended, as initial steps and timing could impact your case. However, if your ex-partner has already issued proceedings, we will still be able to advise you, guide you through the matter, and help you to achieve your aims and protect your position.

What if there are children involved in the proceedings?

We can advise in relation to all aspects of international family law, including any aspect involving children. We have a specialist team of international children solicitors and can advise you on arrangements relating to where your child will live, what contact they will have with the other parent, where they should go to school, whether they should be able to relocate with one parent, and locating and returning them to the jurisdiction if they have been abducted.