Cross-Border Finance
Specialists in sorting out jurisdiction disputes, international financial settlements, enforcement and applications for financial relief after an overseas divorce.
Choosing the right jurisdiction.
The country in which your divorce/dissolution and financial settlement is dealt with can make a vast difference to outcomes. It is essential that jurisdiction is dealt with as a primary consideration and obtaining swift advice from our experts can make all the difference.
Some jurisdictions are well known for no or less generous spousal maintenance terms and disadvantaging the economically weaker party, whether that be by way of capital and/or income provision.
Our international experts have access to a network of foreign law contacts and can procure advice in the relevant jurisdictions so you can know your options and move forward with confidence.
Sometimes, there may be a jurisdiction dispute. You and your spouse may disagree over which is the appropriate country to deal with the case.
Our team can help you deal with choice of forum disputes, it is essential to act quickly as applications may need to be made to pause court proceedings whilst this is determined as a preliminary issue.
Dealing with international assets or enforcing orders.
Our team are very experienced in dealing with cases which have significant assets and/or income overseas. We deal with a range of asset bases including those that are High Net Worth or Ultra High Net Worth.
We have foreign law contacts in most jurisdictions who can provide advice including as to the enforceability of English Court Orders, appropriate methods of structuring financial settlements and what action needs to be taken locally to achieve the desired objectives and to try and prevent issues of implementation.
Dealing with assets such as property, pensions, trusts and business assets when they are overseas or remit income to England and Wales can be particularly complex.
We have foreign contacts in taxation and asset valuation who in addition to our foreign law contacts can support the case to ensure that all of the necessary information is available to encourage and facilitate settlement.
International enforcement of orders is highly specialised work and it is important to have a team with the right expertise to assist you if you are experiencing difficulties. Some jurisdictions have more than one method of enforcement so it is essential to select the correct and most effective option from the outset.
We can support you in knowing your options and securing foreign law advice as required.
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Applications for financial relief after an overseas divorce/dissolution.
In some circumstances, an application can be made for financial relief in England and Wales after an overseas divorce/dissolution (if it is recognised) where there is a connection to this jurisdiction, to alleviate the consequences of no or no adequate financial provision being made by a foreign court.
An application for permission (without notice) will need to be made and it will need to be considered whether there is a substantial ground for the application for financial relief being made.
The court will also consider a range of factors, which include:
- the connection the parties to the marriage/civil partnership have with England and Wales;
- any financial benefit which the applicant or a child of the family has received or is likely to receive, in consequence of the foreign order, either by virtue of an agreement or by operation of law in any other country; and
- the length of time which has elapsed since the foreign order was obtained.
Such applications are highly specialised and it is essential to take early advice.
Our expert team can provide timely advice, taking overseas legal opinions where necessary to support you in understanding your options and the prospects of success of an application before significant funds are invested.
Why choose us for international financial remedy?
Frequently asked questions
What can I do if my child is abducted to another country?
It is essential that anyone wishing to move a child, to have contact with a child in another jurisdiction and/or seeks the return of a child from another jurisdiction takes urgent and highly specialised legal advice.There are many international conventions which deal with child abduction and wrongful removal including the 1980 Hague Convention but not every country is a party to the convention which can add to complexity. Our team will be able to offer advice and the appropriate way forward depending on your circumstances.
How are child arrangements handled in cross-border divorces?
In cross-border divorces, child arrangements (sometimes referred to as custody) can be more complex, however there is still the possibility for successful negotiation if matters can be agreed.The Courts in England and Wales will need to consider if they are able to deal with the child arrangements and consideration will need to be given as to where the child usually resides (their habitual residence). This can be complex in particular for transient international families and therefore it is essential to seek expert advice from our team.If advice is needed in separate jurisdictions, we can assist you in obtaining this and working together with foreign law experts to ensure arrangements are put in place which meet needs across borders.
Can I apply for divorce in England and Wales if one or both of us live overseas?
Yes, in some circumstances and you need to have been married for over a year. The English Court will need to recognise your marriage, and you need to meet at least one of the jurisdiction criteria below. The criteria are based on the concepts of “habitual residence” and “domicile”.Habitual residence is difficult to define but put simply is usually where a person lives most of the time and has a centre of interest and domicile, their permanent home and intends to return. Domicile can be difficult to determine as it can in some circumstances change from the Domicile of Origin which you acquire at birth.The criteria include (at the date of the application):
- Both parties to the marriage are habitually resident in England and Wales;
- Both parties to the marriage were last habitually resident in England and Wales and one of them continues to reside there;
- The respondent is habitually resident in England and Wales or in a joint application for divorce or judicial separation only, either of the parties to the marriage is habitually resident in England and Wales;
- The applicant is habitually resident in England and Wales and has resided there for at least one year immediately before the application was made;
- The applicant is domiciled and habitually resident in England and Wales and has resided there for at least six months immediately before the application was made;
- Both parties to the marriage are domiciled in England and Wales; or
- Either of the parties to the marriage is domiciled in England and Wales.
What are the advantages to divorcing in England and Wales?
Many choose to get divorced in England and Wales as it is a discretionary system focused on meeting needs and with a focus on minor children of the family. This can often result in more generous awards generally for the economically weaker party including in terms of spousal maintenance. The court will consider whether any agreement reached can be considered to be fair.
How do tax implications differ in an international divorce?
When resolving financial matters with international assets and/or income, tax issues can be more complicated. You and your spouse’s location and the currency being used can also play a part. Tax rules and rates in England and Wales often differ substantially from those in other countries.We will assess the circumstances of your case with you and help you obtain the relevant expert advice in the required jurisdictions. We will consider with you how financial settlements may be structured, obtain advice about what taxes may be applicable in respect of capital and/or income settlements including on implementation, so you can negotiate and structure a settlement with confidence.
Can a UK court enforce a financial settlement if my ex-spouse is abroad?
A court in England and Wales can assist with enforcing a financial settlement even if your ex-spouse lives abroad. However, the ability to assist with enforcement depends on whether the country where your ex spouse lives recognises English court orders.We can assist you in obtaining relevant foreign law advice at the outset so enforcement is dealt with appropriately between two or more jurisdictions. Foreign proceedings may need to be initiated. This is a very complex area of law which requires highly specialist legal advice to navigate the complexities of international enforcement.
What should I consider regarding international property in a divorce?
Where international property is involved, it is important to consider how different countries' legal systems will deal with the division of assets.The Courts in England and Wales can take international property into account as part of financial settlements, but it is crucial to obtain local advice before any Order is made including as to structuring and as to the ability to actually enforce orders regarding foreign property in the relevant jurisdiction. Sometimes foreign proceedings are required.If you have had an Order made abroad which either includes foreign property or there is property remaining to be dealt with after an overseas divorce, you can also discuss with our expert team as to the potential for enforcement and remedies that may be available within the jurisdiction of England and Wales.
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Arrange a confidential chat with one of our expert family law solicitors today.
Please note we cannot offer legal aid.