International Divorce Lawyers
International divorce can be complex
At Branch Austin McCormick we have experienced, specialist lawyers to represent and protect client’s legal interests in what can be a fast- moving scenario. For example, an urgent Court application might be required to freeze assets to prevent them from being moved abroad.
You can relay on our lawyers, who are Law Society Accredited and on the Law Society’s Family Law Advanced Panel. Where family law disputes cannot be resolved through negotiation and agreement, we take a firm and proactive approach to court proceedings.
We work with lawyers across the world to ensure that you make the best decisions for you and your family at the earliest opportunity. We help you make decisions on the best place to divorce if you have the option to divorce in more than one country.
Even if your divorce proceedings and financial matters are dealt with through an English Court you might have property or other assets abroad and we can liaise with family lawyers abroad to ensure that your financial settlement takes account of all assets at home and abroad.
Children
If your children have been taken abroad without your permission, time is of the essence and we can move quickly with any Court applications that might be necessary through the English court.
Finances
Where you take your divorce proceedings will have an impact on any financial settlement. Once divorce proceedings have been commenced in one country, the financial decisions in your case will usually also be dealt with by that country. In some quite specific cases where you have obtained a financial order in a country abroad it may be possible to make a further application to an English Court for a financial “top up” order, if you have assets in England or Wales and if you can demonstrate to the English Court that the financial provision made for you abroad was inadequate.
If you have children, then you will both have to agree on the movement of those children between countries. In the absence of any agreement, you will need to know what your rights are and how you can apply to a Court in England for an order allowing you to take your children abroad. This is called a relocation application.
Talk to us
If you would like to find out more about how our team of specialist family and divorce lawyers based in London can support you then please get in touch.
You can book a complimentary 30 minutes consultation with our Head of Family Law, Saika Alam.
Contact Us
Saika Alam Partner - Head of Family Law
+44 (0) 20 7851 0110
International divorce FAQ
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Do you have to get divorced in the country in which you were married if you got married abroad?
No in most cases so long as your marriage is recognised by the English Court, and you can establish a connection with England (or Wales).
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How do you establish a connection with England or Wales?
To apply for a divorce through an English Court you will need to find out if the English Court has the right and power to deal with your case. That right and power is called “jurisdiction.” You cannot just pick the country where the law seems most advantageous to you and start your divorce proceedings there. You will need to show that the country of your choice has the jurisdiction to deal with your divorce.
The rules for establishing jurisdiction in England can be complicated and they relate to being a national of this country, being habitually resident in this country or being domiciled here.
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How to decide which country to divorce in
If you can get divorced in more than one country because you can establish jurisdiction in more than one country, which country you apply for a divorce in will depend upon the following:
- The types of financial orders that the Court can make in your favour – the Courts in England are usually more flexible.
- How easy it is to enforce Court orders made by one country in another country.
- The length of time it might take to get divorced and deal with children’s issues and financial matters and the costs involved.
If there is more than one country that you can divorce in, the Court will usually decide sometimes as a first step if you have a strong enough connection to get divorced in that country. If there is disagreement between your spouse or civil partner and yourself over which country to get divorced in, you could end up with divorce applications in two different countries. This is known as a “forum dispute.” Forum disputes are lengthy and expensive. You would need to consider very carefully whether the benefit of pursuing a divorce in England, for example, was worth the fight. We can advise and guide you on these very important decisions and provide robust representation on any forum dispute that you choose to pursue through an English Court.
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