Many people facing the breakdown of their marriage now find that their situation has an international element. This could affect you if, for example:
- Your marriage took place abroad
- Either one or both of you were born in a country other than England
- You have lived for some or all of your married life in a country other than England
- You have property abroad
- You are concerned as to whether your marriage abroad or divorce abroad will be recognised in England
International divorce in the UK is a particularly complicated field, as financial and other outcomes differ enormously from country to country.
One particular factual situation may produce a very different result depending on where the divorce takes place. In international divorce law, the fact that a marriage took place in a particular country does not mean that the divorce also has to take place in that country.
International divorce – Speed is important
If you are going through an international divorce, that is, a divorce with international elements, speed is very important to ensure that the courts of a particular country are able to deal with the case.
International divorce and family law issues are very different from purely English family law cases, so it is essential that you seek specialist legal advice.
It would be easy to assume that the appropriate place for the divorce to take place would be the country where:
- Your marriage took place
- You are citizens or lived your married life
- You are living at the time of the breakdown of the marriage
However, this is too simplistic and it would be wrong to make any assumptions. There are many international families who will find that more than one country may be able to deal with the issues arising from divorce.
The time and cost involved in getting divorced differ greatly from country to country. Different countries approach the financial arrangements between couples on divorce in very different ways. Procedures also vary from country to country, particularly in relation to disclosure of financial affairs.
This means that a couple with the same financial resources (house, other capital, income and pensions) could end up with very different financial arrangements if their divorce is dealt with in England than if it were dealt with, for example, in France. Essentially, if there is an international divorce, it is important to seek specialist legal advice at an early stage.
How can Nelsons help?
If you require advice regarding international divorce, please contact a member of our expert Family Law team in Derby, Leicester and Nottingham on 0800 024 1976 or via our online form.
A member of the team will be happy to discuss your circumstances in more detail and give you more information about the services that our family law solicitors can provide along with details of our hourly rates and fixed fee services.
Contact us