International Family Law

If you or your family have a close connection to more than one country, you may have a choice where to issue a divorce or dissolve your civil partnership. The law varies from country to country and so it is important to get early legal advice so you can consider the best country (forum) for you to start proceedings. In helping you decide where to start proceedings we will consider the advantages and disadvantages of pursuing financial claims in another country, the time it will take to finalise the divorce or dissolution and any related financial claims and whether the financial orders will be recognised and enforceable.

If you have children, we will also consider the likely impact of a foreign divorce or dissolution on the orders that may be made in relation to your children.

It is important that you act quickly and seek advice on jurisdiction before notifying the other party because the country where divorce or dissolution proceedings are first issued may ‘seize’ jurisdiction to also deal with financial matters.

If a divorce has been obtained overseas you may be able to apply for financial matters to be determined in England and Wales under Part III of the Matrimonial and Family Proceedings Act 1984 (MFPA 1984).

Even if a financial award has already been made in another country you may still be able to apply, however, the level of the amount already awarded will impact on whether the court in England grant permission for you to make an application.

Either party to a marriage can apply for financial relief where the marriage has been dissolved or annulled, or the parties to the marriage have been legally separated in an overseas country and the divorce, annulment or legal separation is recognised as valid in England and Wales.

For a foreign marriage to be recognised as valid, the marriage must have taken place in compliance with the law of the jurisdiction in which it was celebrated.

For the court to have jurisdiction to determine an application the application must meet one of the following requirements:

• Domicile. Either party is, on the date of the permission application, or was, on the date that the foreign divorce, annulment, or legal separation took effect in the overseas country, domiciled in England and Wales.
• Habitual Residence. Either party was habitually resident in England and Wales throughout the period of one year ending with the date of the permission application or the date when the foreign divorce, annulment or legal separation took effect in the overseas country.

Matrimonial home in England and Wales. Either party has at the date of the permission application a beneficial interest in a dwelling-house in England and Wales that was at some time during the marriage a matrimonial home of the parties.

Your foreign marriage or divorce must be recognised as valid under English law for you to apply for financial relief in England and Wales. Recognition of your foreign marriage or divorce will also be important for immigration, tax, inheritance and children matters.

For a foreign marriage to be recognised as valid, the marriage must have taken place in compliance with the law of the jurisdiction in which it was celebrated. Marriages that take place within England and Wales must comply with the requirements of the Marriage Act 1949.

The law distinguishes between a marriage that is void or voidable and a non-marriage (non-qualifying ceremony). If a marriage is void or voidable you can apply for financial relief in the English Court. A financial claim cannot however be made if it is a non-marriage.

You may be able to apply for financial matters to be determined in England and Wales under Part III of the Matrimonial and Family Proceedings Act 1984 (MFPA 1984) where there has been a foreign divorce, annulment or legal separation which derives from proceedings. An overseas divorce, annulment or legal separation obtained by proceedings is recognised as valid in England, if the following apply:

• It is effective under the law of the country in which it was obtained.
• At the date of the commencement of the proceedings, either party to the marriage was:
  • habitually resident in that country;
  • domiciled in that country; or
  • a national of that country.

If you have obtained a divorce and financial order overseas, we can help you enforce the order in England and Wales. Alternatively, if you have property abroad you may need help to enforce the terms of your English order in that country.

There are various conventions and regimes which govern the recognition and enforcement of foreign orders. We can help you implement foreign orders involving the transfer of property, payment of lump sums, maintenance and the transfer or sharing of a UK based pension.

This is a complex area of law and you should take legal advice before any orders are made.

International child abduction is the unlawful removal or retention of a child outside of the jurisdiction they were habitually residing in.

Download our guide for more information.

Guide to international child abduction

A parent needs the permission of everyone with parental responsibility for the child, or permission of the court, to take a child out of the jurisdiction of England and Wales. If parents cannot agree where a child will live an application will need to be made to the court. In all cases, the welfare of the child is the court's paramount consideration.

Download our guide for more information.

Guide to the orders the court can make for children and the court process

If you or your family have a close connection to more than one country, it is important that you consider which jurisdiction you want to govern your agreement and to ensure that your agreement stands the best chance of being upheld in all jurisdictions you have a connection with.

The legal position on nuptial agreements varies from country to country as does the law on divorce and dissolution in the event of your marriage breaking down. It is therefore important you understand the law in each country and can make an informed decision on which jurisdiction you want to govern your agreement and if necessary, enter into mirror agreements in all relevant jurisdictions.

If you or your family have a close connection to more than one country, you will need advice on which jurisdiction you want to govern your agreement as well as to ensure that in the event of the relationship breaking down you can enforce the terms of your agreement or court order abroad.

The law on property and maintenance varies from country to country and therefore it is important you understand the law in each country and can make an informed decision on which jurisdiction you want to govern your agreement.

We work closely with lawyers and other professionals around the world to ensure that your interests are protected, wherever you and your property are based.