Divorce is never straightforward, but when it may involve more than one country, an international divorce lawyer can be key in tackling the complexities that arise.
From choosing the right jurisdiction, to dealing with the division of international assets and income, to identifying potential enforcement issues in advance, divorcing across borders can be confusing and a mine field.
That’s why having the right legal support is crucial. We are here to make sure you understand your options and to help you achieve the best possible outcome.
In international divorces, one of the first and most important decisions is determining which country has jurisdiction. The country you choose can have a significant impact on the division of assets, financial support and cross-border child arrangements.
Different countries apply different rules to divorce, and choosing the wrong jurisdiction could negatively affect your financial settlement or parental rights. We guide you through the decision-making process, helping you choose the most favourable jurisdiction for your case.
In international divorces, one of the first and most important decisions to take with speed is determining, not only which country/countries may have jurisdiction, but which country proceedings should be issued in for optimal results. The country you choose can have a significant impact on financial arrangements and the level of financial support you are able to obtain.
Different countries apply different rules to divorce, and choosing the wrong jurisdiction could negatively affect your financial settlement. We will guide you through the decision-making process, helping you choose the most favourable jurisdiction for your case.
Understanding your domicile and habitual residence helps us to determine where you can file.
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.
Keep these key considerations in mind:
Choosing wisely, with an understanding of these concepts, can help you navigate the complexities of international divorce more smoothly.
In international divorce cases, acting swiftly to choose the right jurisdiction can make a significant difference.
Securing the most favourable jurisdiction, can influence key outcomes like asset division and spousal maintenance. Delaying this decision could result in your spouse filing in a less advantageous jurisdiction and prolong/cause detriment to any litigation over choice of forum, particularly if your spouse has been able to progress the proceedings without your involvement
It’s essential to consult with our team to assess the best jurisdiction for your case and act promptly to secure your position.
When considering where to file for divorce, especially in cases with international elements, England is often a jurisdiction of choice.
Here’s why:
One of the most complex aspects of international divorce is protecting your finances.
When assets are spread across different countries – whether it’s property, investments, pensions or businesses – it is vital to ensure they are considered in a financial settlement We work closely legal professionals and other experts across jurisdictions to safeguard your financial interests.
Our goal is to ensure you receive a fair and secure financial settlement, wherever your assets are located.
Even after your divorce is finalised, ensuring that court orders are enforced across borders can be a challenge. Different countries may not automatically recognise or enforce divorce and financial orders made outside of that jurisdiction.
We help you navigate the legal requirements to enforce financial settlements or maintenance orders internationally.
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How does online divorce work?
In 2022, the UK government launched an online divorce portal to simplify the process for couples whose marriage has irretrievably broken down. Applications can be made by one person or jointly by both, with the process taking at least six months, provided there are no delays and documents are submitted on time. For those considering an online divorce, it’s crucial to address all aspects, especially child arrangements and financial settlements, to avoid complications. At Thomas Mansfield Family Law, we guide clients through this process, ensuring every detail is handled smoothly.
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):
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.
Arrange a confidential chat with one of our expert family law solicitors today.
Please note we cannot offer legal aid.
