International Children Lawyers

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.

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.

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.

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.

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.

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.

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.