International Divorce and Financial Settlements
It is often the case that a divorce application can be issued in different jurisdictions. If you have a sufficient connection to England and Wales, then it is possible there may be jurisdiction for the Courts in England and Wales to deal with your divorce.
This is a complex area of law and it is vital you seek specialist advice if you think this may apply to you.
Our expert international solicitors can help advise you in relation to this.
We have expertise in dealing with cases with high value assets, often with complex financial structures such as trusts, businesses and offshore assets. We often deal with cases where there are offshore properties, pensions and trusts.
These settlements involve a similar process of dividing assets (see Financial Settlements Page), as with any divorce so foreign assets will be considered in much the same way.
Often the complexities with these assets is in assessing the value and quite often expert valuers will be needed to assist. Assets outside the jurisdiction can also mean that careful consideration is needed when thinking about the enforcement of orders.
There are also complexities to consider in relation to enforcement of maintenance where a paying or receiving party is outside the jurisdiction.
Whatever your concerns, our specialist international experts are here to help you.
International & Offshore Financial Settlements
The Courts in England and Wales can recognise contact Order’s made abroad, in certain circumstances.
Jurisdiction will also need to be established to allow the Courts in England and Wales to determine the arrangements for children living abroad.
Another issue that often arises is the relocation of children to another part of the UK or overseas. Where a child arrangements order is in place a child cannot be removed from the UK, without the court’s permission or the consent of those who have parental responsibility. The only exception to this is that a person named in a child arrangements order as the person with whom the child lives can take the child out of the UK for less than a month without the consent of others.
There are no requirements on a person if they want to relocate a child from one part of the UK to another but a person wishing to do so should apply for a specific issue order if the other parent does not consent. Where a parent wants to relocate overseas they will also need to make an application to the Court to do so.
The criteria for the Court in deciding such an application is set out as follows, with the child’s welfare being the court’s paramount consideration:
- Your child’s ascertainable wishes and feelings in the light of their age and understanding.
- Your child’s physical, emotional and educational needs.
- The likely effect on the child of any change in his circumstances.
- Your child’s age, sex, background and any other characteristics the court considers relevant.
- Any harm your child has suffered or is at risk of suffering.
- How capable you and your partner are of meeting the child’s needs.
- The range of powers available to the court.
The court will weigh us all of this to determine where the child’s interests lie. Each case will be decided on its own individual circumstances. There is no presumption in favour of either parent.
These can be complicated areas of law where specialist advice is needed.
Get in touch with our expert International Divorce Solicitors today
We recommend that in the first instance you attend our initial fixed fee appointment when we can discuss your options in full.
To contact our International Solicitors, please:
Call us on 01442 218090
Send an email to firstname.lastname@example.org
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