International Divorce can often result in financial disputes if one partner applies for a Divorce in a jurisdiction where the other party’s rights under Divorce law are disadvantaged.
Deciding on issues such as maintenance, child support, sharing financial assets and property, and inheritance or pension rights can be extremely complex in international Divorce proceedings and requires the expertise of more than one legal expert.
From 1st January 2021, following Brexit ‘The Maintenance Regulation’ will no longer apply, which means that any new financial proceedings issued from this date forwards will be subject to different rules on jurisdiction. The law that will apply to financial proceedings issued from 1st January 2021 is the ‘2007 Hague Maintenance Convention’, although regrettably this Convention is mostly silent on matters of jurisdiction. The default position will be that domestic laws will apply. This means that from 1st January 2021, in the main, jurisdiction for claims for financial remedy on divorce will follow where the divorce proceedings are located.
Normally the first country to receive Divorce proceedings will deal with the case even if one party has a closer connection with another jurisdiction. As a result, it is important to decide where to file for Divorce before your partner does so, to ensure you are not left at a disadvantage. Challenging where a Divorce hearing takes place involves costly court proceedings.
Divorce laws can vary enormously between different jurisdictions. This is even the case between European states, and as such, issuing proceedings before your partner does can be extremely financially advantageous.
Whilst in the UK more emphasis is placed on mediation during Divorce matters, international Divorce financial disputes require expert knowledge of tax, pensions, property and inheritance laws across all jurisdictions.
A party can start financial proceedings in the UK despite another country dealing with the Divorce. There are time constraints so it is imperative to secure legal advice early.
Our solicitors have a successful track record in advising clients on international Divorce and financial disputes, including the enforcement of financial orders made in overseas courts.
In cases involving contested international Divorce, the solicitors in the international family law team can advise on alternatives to court action, including dispute resolution and lawyer supported family mediation.
The team can also advise on international Divorce and financial disputes.
A number of our solicitors are also members of Resolution, a family law association committed to resolving family disputes and problems fairly and amicably. Many are listed on the Reunite website.
Collectively, our staff can speak over 60 languages and our international family solicitors have a network of affiliates overseas, making us well placed to advise on international adoption in different jurisdictions.
We offer an initial fixed fee for legal advice on international Divorce involving financial disputes. All Other and further work would be dealt with by way of our competitive hourly rates.
We advise clients who are considering ending an international marriage to get in touch as soon as possible for an assessment of their case and an evaluation of which jurisdiction a Divorce hearing should take place in. Taking legal advice early in international Divorce or separation cases can help focus on the practicalities and make the process as stress-free as possible.
For expert legal advice on international divorce financial disputes, contact our International Family Law Solicitors in confidence on 033 3772 0409.