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More and more people live or marry overseas. As a result, we are often asked to provide specialist legal advice on a number of international family law issues. We specialise in international financial settlements and claims. These cases will often involve offshore assets, trusts, hidden assets, the need to freeze assets as well as advising you about your legal rights.
You will need to consider the following steps:
Other points you may wish to consider are:
You could have a case where, for example, the financial claim may be favourable in one country but the assets are located in another country. If international enforcement of a family financial order is going to be difficult and expensive then you may need to take this into account. Specialist international family law advice is always needed.
International Family Law
Divorce Finances
You should still compare and contrast the financial outcomes in each relevant country.
You may be able to challenge the jurisdiction that your ex spouse has chosen and/or you still may be able to make a financial claim in your preferred jurisdiction.
The court would then have to decide which is, for example, the most convenient jurisdiction to deal with the case. The rules here are complicated and specialist international family law advice from a solicitor should be obtained before taking any of these steps. Sometimes the international divorce has already concluded but you may still be able to make a financial claim in England and Wales after the overseas divorce.
The courts of England and Wales frequently deal with intentional family law cases, including those involving complex financial settlements, assets, offshore assets, businesses and trusts.
The family court has a very robust system to ensure that there is full and proper financial disclosure of all of the assets, liabilities, business interests, incomes, pension provision, trusts and so on. The family judge is there to ensure that there is a fair outcome.
The English family court also has a wide discretion and can make a number of financial orders.
However, you should always obtain legal advice from a specialist international family lawyer in all of the relevant countries so that you can compare and contrast financial outcomes as a starting point. Speed may also be of the essence to secure the international jurisdiction which best suits your case and to allow you to start your international divorce and financial claim.
In England and Wales an international pre or postnuptial agreement is not automatically binding on the court. However, it may carry persuasive or evidential weight. It can also affect the international financial settlement.
Each country will have its own laws and it is important that specialist legal advice is obtained from an international family lawyer.
Some jurisdictions have reciprocal enforcement measures so that an order in one country is recognised and capable of being enforced in another country. A common example of this is in relation to spousal and child maintenance cases. On other occasions it may be possible to obtain a mirror order in the other country i.e. so that it recognises and enforces the order as if the domestic court made it itself.
We can advise you in relation to the laws of England and Wales and can provide specialist international family law advice within this jurisdiction, to include international financial settlements. James Maguire is a Fellow of the International Academy of Family Lawyers. We also work with independent international family lawyers around the world. We are recognised as being leaders in our field in international financial and children cases.
