International divorce and family lawyers
Our team of specialist international divorce and family lawyers based in the UK advise British expats living in all areas of Portugal and Portuguese individuals living in Britain.
Choosing where to divorce – England or Portugal?
The divorce process, spousal maintenance and the division of assets are treated differently in different countries. Deciding which country to issue divorce proceedings can have a significant impact on your financial outcome and arrangements regarding any children.
London is widely considered to be the divorce capital of the world. The reason for this is because the British courts start with the presumption that assets should be divided equally between the parties with spousal maintenance payments preventing an immediate clean break. In addition, the British family courts give priority to the needs of any children.
The first party to issue proceedings is likely to determine which country the case will be heard in. Although the choice of jurisdiction may later be challenged it is very difficult to switch jurisdictions once a court in one country has issued the divorce. If your spouse issues proceedings first, it could then be too late for you to change the jurisdiction so you should act quickly.
Trying to determine which country you should issue proceedings in can be complicated depending upon your circumstances. For example, a British expat is likely to be able to issue proceedings in London because they will retain a connection with the United Kingdom such as family or assets.
The first step is to obtain advice on this point.
Our specialist lawyers provide advice to British expats and Portugese individuals with a connection to the United Kingdom about whether you can issue divorce proceedings in London.
International family law team
Our experienced team of family divorce lawyers is headed by Louise Minifie who advises clients with a connection to the United Kingdom about divorce in the United Kingdom or where the case involves the cross-border movement of children.