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.
Also now more than ever given that Brexit is looming it is important to understand how divorce and financial cases are presently determined within the European Union under Brussels ii Revised and Council Regulations (EC) 4/2009 concerning maintenance regulations, and how the legal position will change post Brexit.
Decisions and orders obtained in one EU country are presently recognised and enforceable in the UK without registration, and vice versa. However post Brexit this will change.
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 under Islamic law.
The Duncan Lewis Family department is ranked by The Legal 500 for its Family & Matrimonial work and includes members of both the Law Society Family Law Advanced Panel and the Law Society Children Law Panel.
We are one of the select number of firms in the UK that are on the International Child Abduction and Contact Unit (ICACU) referral list, and the team also includes a founding member of the Child Abduction Lawyers’ Association (CALA).
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 client meeting with a fixed fee for legal advice on international divorce involving financial disputes.
Once the details of a case have been assessed it is usually possible to offer a further fixed fee scale, which will be discussed with you.
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.