International Divorce Lawyers

Understanding International Divorce

International divorce cases involve connections to more than one country. This might include:

• You or your spouse is currently living in a different country
• One or both of you are foreign nationals
• Marriage taking place overseas
• Assets located in multiple jurisdictions
• Children living abroad or having connections to multiple countries
• Previous residence in another country during the marriage

These international elements create complex legal questions that standard domestic divorce procedures don’t address. The key questions in international divorce are jurisdiction (which country’s courts can hear your case), applicable law (which country’s law applies to your divorce), and recognition and enforcement (whether orders made in one country will be recognised in another).

What We Can Help With

Jurisdiction Advice

Determining which country should handle your divorce is often the most critical decision in international cases. Different countries have different financial settlement regimes, and where you divorce can dramatically affect the outcome.

We advise on:

• Whether English courts have jurisdiction over your divorce
• Whether you should divorce in England or another jurisdiction
• Tactical considerations in jurisdiction choice
• Preventing your spouse from divorcing in a less favourable jurisdiction
• Challenging jurisdiction claims by your spouse

England and Wales are often considered a favourable jurisdiction for financial claims, particularly for financially weaker spouses. However, jurisdiction rules are complex and time-sensitive. Acting quickly can secure advantageous jurisdiction before your spouse acts.

Forum Shopping and Jurisdiction Races

When both England and another country have jurisdiction, a “race to court” may occur. The first country where proceedings are issued often retains jurisdiction under EU rules (still applicable in many cases post-Brexit through retained law) and international conventions.

We advise on strategic jurisdiction planning, timing of divorce petitions, injunctions preventing foreign proceedings, and challenging jurisdiction grabbed by your spouse.

Financial Settlements with International Assets

Identifying and valuing assets across multiple countries is complex. We work with international financial experts, forensic accountants, and overseas lawyers to:

• Trace assets held abroad or in complex structures
• Value overseas property, businesses, and investments
• Obtain financial disclosure from offshore accounts and trusts
• Enforce English financial orders internationally
• Consider tax implications across jurisdictions
• Protect assets from dissipation across borders

English courts have wide powers to make financial orders, including over assets abroad, but enforcement can be challenging. We develop strategies that maximise enforceability while securing optimal settlements.

International Child Arrangements

When children have connections to multiple countries, disputes over residence and contact become more complex. We advise on:

• Which country’s courts should determine child arrangements
• Applications under the Hague Convention when children are wrongfully removed or retained abroad
• International relocation applications (taking children abroad permanently)
• Arrangements for children living in different countries from one or both parents
• International contact arrangements and enforcement

We prioritise children’s welfare while recognising the practical challenges of maintaining relationships across international borders.

Divorces with Foreign Elements

We handle divorces with various international elements:

Overseas Marriages
Divorcing in England after marrying abroad, including religious marriages performed overseas and ensuring overseas marriages are recognised in England.

Foreign Nationals
Advising non-UK nationals divorcing in England, including implications for immigration status and rights to remain in the UK.

Expats Returning to the UK
For British nationals returning after living abroad, we advise on establishing jurisdiction, dealing with assets abroad, and resolving financial claims after foreign divorces.

Cross-Border Enforcement
Enforcing English financial orders abroad and recognising and enforcing foreign divorce orders in England.

International Maintenance Claims

We advise on international spousal and child maintenance, including claims for maintenance against spouses abroad, enforcing English maintenance orders overseas, and defending against foreign maintenance claims.

Prenuptial and Postnuptial Agreements for International Couples

International couples with assets in multiple countries particularly benefit from well-drafted matrimonial agreements. We draft agreements that:

• Address assets in multiple jurisdictions
• Consider enforceability in relevant countries
• Coordinate with overseas legal advice
• Protect family wealth and business interests internationally
• Clarify which country’s law applies to financial settlements

How the Process Works

1. Initial Consultation and Jurisdiction Assessment
We discuss your circumstances, international connections, and objectives. We assess jurisdictional options, advising which country offers the most favourable outcome. This assessment is time-critical – acting quickly can secure advantageous jurisdiction.

2. Strategic Planning
Based on jurisdictional analysis, we develop your divorce strategy. This includes timing of proceedings, whether to act first or wait, coordination with overseas lawyers if needed, asset protection strategies, and approach to children’s arrangements. We provide clear advice on likely outcomes in different jurisdictions to inform your decisions.

3. Protective Measures
Where necessary, we take urgent action, including freezing orders preventing asset dissipation, injunctions preventing foreign proceedings, passport orders preventing children from being taken abroad, and urgent financial provision applications. International divorces often require swift protective measures.

4. Financial Disclosure and Investigation
We obtain comprehensive financial disclosure across jurisdictions, working with forensic accountants to trace hidden assets, coordinating with overseas lawyers to obtain foreign documents, and challenging incomplete or misleading disclosures. International financial disclosure is more complex and time-consuming than domestic cases.

5. Negotiation and Settlement
Where possible, we negotiate settlements considering both jurisdictions’ laws, tax implications across countries, practical enforceability, and long-term suitability. Many international divorces settle through negotiation, avoiding the cost and complexity of multi-jurisdictional litigation.

6. Court Proceedings
If a settlement isn’t achieved, we represent you in English court proceedings for financial remedy orders, child arrangement orders, and other applications. We coordinate with overseas lawyers when parallel proceedings occur in multiple jurisdictions.

7. Enforcement and Implementation
After obtaining orders, we ensure effective implementation, including registering English orders for overseas enforcement, obtaining recognition of foreign orders, and enforcing financial settlements across borders.

Why Choose Nelsons for International Divorce

Specialist International Family Law Expertise
Our family law team has extensive experience handling complex international divorces involving multiple jurisdictions. We understand the interplay between English law and foreign legal systems, jurisdictional rules, and international enforcement mechanisms.

Strategic Jurisdiction Advice
Choosing the right jurisdiction is often decisive in international divorce outcomes. We provide clear strategic advice on where to divorce, the timing of proceedings, and protecting your jurisdictional position. Our experience means we understand which jurisdictions favour which outcomes.

International Network
We work with experienced family lawyers in other jurisdictions when cases span multiple countries. This network ensures coordinated advice considering all relevant legal systems, enabling us to develop comprehensive strategies for truly international cases.

Complex Asset Tracing
International divorces often involve assets in multiple countries, offshore structures, and attempts to hide wealth. We work with forensic accountants and international investigators to trace assets, challenge non-disclosure, and ensure comprehensive financial settlements.

Child-Focused Approach
When children have connections to multiple countries, their welfare remains paramount. We develop practical solutions that protect children’s relationships with both parents while addressing legitimate relocation concerns and international contact arrangements.

Clear Communication Through Complexity
International divorce is complex. We explain jurisdictional rules, legal options, and strategic considerations in clear, understandable terms. You’ll understand your options and the implications of different decisions without needing a law degree.

Modern, Efficient Service
We use technology effectively to serve international clients, including video consultations for clients abroad, secure document sharing across borders, and efficient communication across time zones. Based in the East Midlands, we serve clients nationally and internationally.

Recognised Excellence
Our family law team is consistently recommended by The Legal 500 and Chambers and Partners, the independent legal directories, for the quality of our family law advice.

Get Expert International Divorce Advice

Cross-border divorce requires specialist legal advice. Don’t navigate complex jurisdictional issues alone. Our international divorce lawyers can help you achieve the best outcome for your circumstances.

Contact us today via our online enquiry form or call 0800 024 1976 to speak with our international divorce team.