International Divorce Lawyers
International Divorce Law Specialists
London has a reputation as the ‘international divorce capital’ and if you live in the UK but were not born here, or you are a UK national currently living abroad then you may have a choice over which country to bring your divorce proceedings in. Read on for more information.
“Osbornes handle a significant amount of complex, high-value divorce work.”
“The family law team at Osbornes is one of the strongest in London; across all areas of work from international cases, financial and children work, Osbornes is a market leader.”
Expert Divorce Advice for International Families
Many of the wealthy families who instruct Osbornes Law have international business interests, investments, and property portfolios. With so much at stake, it is important to seek expert legal advice from a solicitor with experience in international family law as soon as possible.
Each country has different rules when it comes to the formalisation of divorce or dissolution of a civil partnership, and in regard to the division of financial assets, and provision for ongoing spousal and child maintenance. It is important not to hesitate as the choice of jurisdiction is strategically important, and often the spouse who initiates legal proceedings will be able to determine the country where all issues are decided.
Our team includes a member of the International Academy of Family Lawyers (IAFL) and we have expert divorce lawyers in London who are fluent in several foreign languages. Our specialist international divorce lawyers have experience in representing clients from across the world. We regularly act in cases spanning the following jurisdictions: from France, Italy, Israel, Russia, USA and the UAE.
Our International Divorce Services
Our experienced international divorce solicitors offer expert advice for complex cross-border divorces. Whether you’re married in the UK and divorcing abroad, or married abroad and seeking a divorce in the UK, we can guide you through the process. Our services include:
International Financial Settlements
The rules on financial settlements vary from country to country. We have extensive experience in dealing with complex international assets, including investments, trusts, pensions. company structures and property. We have a wide network of international experts that can organise valuations of all foreign assets and ensure your divorce is dealt with in a fair and comprehensive manner.
- Read our blog post: Breadwinner or homemaker in divorce. Does it matter?
International Relocation
Following an international divorce case one parent may wish to relocate to a different country for support. You must have the consent of everyone who holds parental responsibility before you can take your children to live abroad. We will always strive to reach an agreement without going to court and to maintain good relations between you and your former partner. If this cannot be achieved, then we will support you through the court process.
International Child Custody
One of the most important aspects of international divorce is dealing with child custody when parents live in different countries. Our lawyers will advise on arrangements for children including where they will live, where they will go to school and how they will see a parent who lives in a different country.
International Child Maintenance
We advise on child maintenance including ensuring financial support for a child when one parent lives in a different country, governed by international agreements and reciprocal arrangements between jurisdictions, known as Reciprocal Enforcement of Maintenance Orders (REMO).
Spousal Maintenance
There are numerous regulations which make international enforcement of spousal maintenance orders a very complex area. Some countries have little or no reciprocal arrangements with the English courts which means there can be difficulties in enforcing English orders in these countries. Where reciprocal arrangements exist and a maintenance order needs to be enforced abroad a Reciprocal Enforcement of Maintenance Orders (REMO) can be applied.
International Prenuptial and Postnuptial Agreements
Having a well-drafted pre-nuptial or post nuptial agreement is vital international families, as it can help prevent lengthy and costly disputes in the event of a divorce. Whether you are considering an agreement before marriage or looking to formalise arrangements post-marriage, our team will guide you to ensure the best possible outcome.
Expatriate Divorce
For expatriates, the choice of jurisdiction in divorce can be crucial, as divorce laws and financial outcomes can vary widely from one country to another. Our team will help you assess your options and determine the best jurisdiction for your circumstances.
- Read our blog post: Do You Have to Divorce in the Country Where You Married?
How Osbornes Law can help
The first thing to do is to contact us. One of our expert lawyers will take a history of your circumstances and discuss your desired outcome. Then they will explain your options, likely timescales, and costs.
If you have a prenuptial or a post-nuptial agreement, then we will need to see a copy of this document.
If you are overseas or outside London, we have high-speed video conferencing facilities and a full online service to ensure you are kept up-to-date and fully appraised of your case and legal options.
Related Divorce Services
International Divorce FAQs
Can I start my divorce in England?
You can start your divorce in England if one of the following conditions apply:
- you and your spouse are both living in England or Wales;
- you and your spouse were last both living in England or Wales and one of you still resides here;
- you and your spouse are both domiciled in England or Wales;
- your spouse is resident in England or Wales;
- you are resident in England or Wales and have resided here for at least a year before starting your divorce; or
- you are domiciled* and currently resident in England or Wales and have resided here for at least six months before starting your divorce.
*Domicile is not the same as nationality, citizenship, or residence. It generally means the country you regard as your home or where you have your closest ties, and you can only be domiciled in one country at a time. Where you or your spouse are domiciled can be contentious (as there are often tax implications) and we will be able to advise you on your options and rights.
Can I divorce if my spouse lives overseas?
You can divorce in England even if your spouse is living elsewhere provided you have met one of the conditions set out in the question above. If you are entitled to issue proceedings in England then an address in the foreign country where your spouse resides is required. If your spouse ignores the divorce proceedings then we may need to make a separate court application to convince the court that your spouse is aware of the proceedings.
Are overseas assets counted in divorce?
If you or your spouse hold assets overseas, then they will need to be taken into account in the negotiation of any financial settlement after divorce of separation. All assets, wherever they are held need to be identified as part of the financial disclosure. You may already have a clear idea of what both you and your spouse own, but if not, or you fear your spouse is hiding assets, we can help. Our skilled international divorce team have expertise in tracing overseas assets and will work to ensure all assets are taken into account.
Once overseas assets are located, it is necessary to obtain accurate valuations of them. This is especially important when considering complex financial assets such as foreign businesses and offshore trust accounts. We have an established network of professional associates and have arranged valuations for a diverse range of high value assets.
Once we have the full picture, we can advise you on your entitlements and work to achieve a settlement with your spouse’s legal team. If you are concerned your spouse may shift assets abroad, we can look into obtaining a court injunction to freeze assets.
Spouses sometimes think that they can put certain assets out of reach overseas, or that they can ignore the terms of a financial settlement if they are far from the UK. However, there are established protocols for dealing with these situations and we can advise you on the enforceability of any agreement in a foreign country. If needed, we can liaise with overseas lawyers over any enforcement action.
What if my spouse attempts to deliberately hide international assets?
If you are concerned about hidden assets during a divorce, our lawyer have a network of leading international assets tracers. We will work with them to uncover any wealth or assets that your spouse has not disclosed.
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